CHARACTERISTICS OF EXEMPTION FROM PROOF IN ECONOMIC JURISDICTION

Abstract

The article examines the issue of exemption from proof in economic proceedings based on the analysis of legislation, judicial practice, including the European Court of Human Rights. It is emphasized that the process of proof should be carried out taking into account the principles of competitiveness, prompt consideration of the case and procedural economy, therefore, a reasonable determination of facts that do not require proof is an important stage in the process of proof. The essence and features of the circumstances when the parties to the case are exempted from proof have been determined. The grounds for exemption from proof are described, namely: the circumstances recognized by the participants in the case; well-known facts; prejudicial facts. It is argued that recognition of circumstances that are not subject to proof is possible if there are two conditions: their recognition by all participants in the case and the absence of reasonable doubt in the court regarding the authenticity of these circumstances. It is noted that public knowledge of a fact can be recognized by the court as a basis for exemption from proof, if this fact is known to a wide range of persons, including the court considering the case and the participants in the case. Public knowledge of a fact can have different limits: objective (known within the country, a separate region, settlement) or subjective (known not only to certain persons, but also to the entire court hearing the case). Based on the analysis of judicial practice, it can be noted that in order to determine the circumstances of a prejudicial nature, they must be directly investigated, established by the court and reflected in the motivational part of the judicial act. The essence of prejudice lies in the implementation of the principle of procedural economy. It is argued that prejudicial circumstances do not need to be proven, if the following conditions are simultaneously fulfilled: the circumstance is established by a court decision; the court decision has entered into legal force; the case involves the same persons who participated in the previous case, or at least one person for whom these circumstances have been established. It was determined that the circumstances (facts) exempted from proof have the same significance for proof as other facts provided by the participants in the case, only the process of proof is shortened.