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Proving a Negative Fact in a Civil (Commercial) Process

Student: Varvara Lushnikova

Supervisor: Dinara Bekyasheva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

Proof is one of the key procedural institutions. It is impossible to imagine the performance of the administration of justice courts without it. The significance of the proof is due to the fact that it continues to be a subject of reflection of the scientific community as well as legal practitioners. One of the central concepts of the institution of proof is the concept of the «subject of proof», that is something that is subject to proof within the framework of consideration and resolution of a particular case. In addition to positive facts, negative facts are frequently included in the subject of proof, the nature of which determines the features of their proving. The purpose of this work is to study the possibility of proving negative facts, determining the specifics of their proving. To achieve this goal, the following tasks were set: – to consider the theoretical basis, the practice of application, and also to define the concept of a negative fact; – to examine the transformation of views on the problem of the possibility of proving negative facts; – to analyze the law enforcement practice on this issue; – to study the position of the judiciary regarding the possibility of proving negative facts; – to reveal the specifics and ways of proving negative facts; – to investigate the specific features of Russian procedural legislation concerning proving negative facts; – to develop recommendations for improving the practice of proving negative facts. The modern realities, such as, electronic document management open sources and general knowledge accessible from unified registries, the evolution of forensic examination — all of this opens for the lawyers a wide range of possibilities to advocate their legal position, to prove any circumstances. And the negative facts themselves are not an exception. There is a particular group of negative facts which are the subject to be proved on a line with the positive.

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