Proof in arbitration process can be subdivided into two look: proof concerning all business; proof of rather separate legal facts. For example, taking measures of providing the claim assumes that their rejection can complicate or make impossible performance of the judicial act. Therefore, in court the person petitioning for providing the claim has to confirm that rejection of measures can complicate or make impossible the subsequent
Purpose of my work is that in the presence of this theoretical knowledge which contain in the subject "Proofs in Arbitration Process" are a good basis for acquisition of practical experience subsequently, working at any enterprise in
Naturally, it was impossible to assign to court of an obligation for search of ways of the right decision. At such approach courts simply would not cope with difficulties of preliminary classification of each civil dispute, and then collecting all of proofs what are possible.
The circumstances included in a proof subject are subject to proof in court. However from this general rule there are two exceptions. Are not subject to proof: preyuditsialny facts; facts of common knowledge (Art. of 58 agrarian and industrial complexes).
Important aspect of arbitration procedural proof is its implementation in the procedural form peculiar for all arbitration legal proceedings and for proof as its parts. It is possible to mark out the following lines of a procedural form of proof.
The importance for clarification of the circumstances important for the correct settlement of dispute has definition of subjects of proof - those participants of arbitration process who, first, has to and, secondly, can find and produce the evidence.
In case papers there were no data on the developed market price in this region of the liquefied gas, and court contrary to h. 2 Art. of 53 agrarian and industrial complexes did not suggest the respondent to produce the additional evidence though such data are available in official sources of bodies of pricing and statistics.
On a source of formation of proofs subdivide on personal and material. The conclusion that sources of formation of written and material evidences - impersonal obviously follows from the listed evidentiary facts. To the contrary, testimony, explanations of the persons participating in business of the expert opinion is formed on the basis of personal sources. From here written and material evidences in total call material, and witness
on a way of education documents can be original and copies. Development of kserokopirovalny equipment resulted in technical capability of obtaining authentic copies. Nevertheless confirmation of reliability of the copy often requires her assurance by the corresponding person.
It is necessary to emphasize that circumstance that the procedural facts to which the parties refer in the requirements and objections, really matter for business. However one procedural facts are important for permission of business on a being, others - for commission of separate procedural action.
The textbook "Arbitration Process" under V. V. Yarkov's edition in a form, simple and clear for the reader, opens not only bases of arbitration process, but also a way of use of this knowledge in practice. In section 6 of the textbook the subject "Proof and Proofs in Arbitration Process" is opened.
According to the called article (except for the cases given above) written proofs can be brought into court to a form properly of the certified copy. The copies of written proofs brought into arbitration court by the persons participating in business go to other persons participating in business at which they are absent. The agrarian and industrial complex provides also possibility of representation of the certified extract from the document if only the part of the document belongs to the considered case.
Facts of common knowledge court well-known which do not need proof (ch1 the Art. of 58 agrarian and industrial complexes). For recognition of the fact well-known it is required that it was known to a wide range of persons, including the structure of judges considering case.