ON THE ISSUE OF EVIDENCE ADMISSIBILITY IN CIVIL PROCEEDINGS

We investigate the procuring evidence in civil proceedings, we come to the conclusion that the court in the procuring evidence is the determining subject. This conclusion follows from the content of the rules of the court’s activity to determine the subject of evidence. By determining the subject of evidence, the court thereby determines and organizes the activities of the persons participating in the case, to prove the circumstances to which it indicated in the subject of evidence, regardless of the persons’ opinion participating in the case regarding the circumstances that they asked to be included in the subject of evidence, but the court did not. The decisive role of the court in the procuring evidence is also confirmed by the legislator’s right to apply the rules of evidence admissibility presented by the persons participating in the case for examination in the court session, as well as the right to offer the persons participating in the case to submit additional evidence. We conclude that the rules applied by the court to determine the evidence admissibility represent a specific set. This set includes, in addition to the general rule for determining the evidence admissibility, the rule according to which the evidence admissibility is established by determining their relevance and sufficiency to the circumstances of the subject of evidence. The set also includes rules for determining the procedural form of the evidence presented, including the rules for obtaining them. We believe that the legislator should exclude the current rule on the violations recognition of the procedural form of obtaining evidence as formal, as not complying with the requirements of the legality principle.