THE INFLUENCE OF PRESUMED FACTS ON THE EVIDENTIARY POSITION IN CIVIL PROCEEDINGS

Abstract

The article is devoted to the study of such an important element of evidentiary activity in the administration of justice in civil cases as presumed facts. Everyone has the constitutional right to defend their interests in civil proceedings and the presentation of evidence is an important point in defending and defending their position. With the help of evidence, the court and participants in civil proceedings can confirm the presence or absence of certain circumstances that help to study the subject of evidence. Civil procedure legislation contains a list of grounds for exemption from evidence, which are: circumstances recognized by the parties to the case; circumstances recognized by the court as well-known; preliminary facts. Presumed facts are not included in this list, but presumptions are the oldest category of evidentiary law. The presumption is considered as a general rule that reflects the stable, repeatedly observed relationships between facts, events, phenomena, states, properties. The legislation does not define the term "presumption", which leads to an ambiguous understanding of this legal phenomenon. However, the science of civil procedural law defines a large number of evidentiary presumptions contained in various substantive branches of law. The article considers the types, presumptions, classification criteria and their normative consolidation. In addition, it is emphasized that the evidentiary presumptions are contained not only in the rules of substantive law, but also in the rules of procedural law, they found their manifestation. The implementation of presumptions in civil proceedings has certain features and indicates the division of responsibilities for proof. Analysis of the law indicates that presumed facts, even though they are in fact assumptions, should not be included in the subject of proof. In order to simplify the procedure of judicial evidence in civil cases, it was proposed to add to the grounds for exemption from evidence circumstances that have a presumed meaning.