Obligation of Proving in Civil and Arbitration Litigation: Theory and Legal Regulation

This graduation thesis contains the theoretical developments concerning legal regulation of the obligation to proof in civil and arbitration process. The work provides a study of basic concepts about the legal nature of the obligation to proof, in particular comparative legal analysis in selected elements of legal duties and elements of the obligation to proof with regard to the peculiarities of civil and arbitration process. The author came to the conclusion about the quasi-legal nature of the obligation to proof because of the features of penalties for non-performance. Distinction between the concepts of obligation to proof and the burden of proof is given by lexical analysis. There are the contents of the obligation to proof, as well as the range of subjects of proof, charged with the obligation to proof in the actual work. This work includes a detailed study of the general and special rules for the allocation of the obligation proof, as well as cases of exemption from proof. The influence of substantive law on the allocation of evidentiary burdens and the securing of legal presumptions. Analysis of the positions of the Supreme courts of the Russian Federation concerning issues of obligation to proof, allowed reflecting the gaps in legislation regarding the allocation of obligation to proof in civil and arbitration process when considering various types of cases and determine ways to fill them. In conclusion, the author formulates her own definition of the obligation to proof in civil and arbitration process, and includes proposals to change the current procedure with a view to the upcoming unification of procedural law and the introduction of the Civil procedure code of the Russian Federation.