Fact in Proof in Cases of Special Proceeding on the Establishment of the Facts Relevant to the Protection of Family Rights and Interests
Keywords:
evidence, fact in proof, special proceeding, establish the facts, family rights and interests
Abstract
Scientific article is devoted to research of the fact in proof of cases of special proceeding on the establishment of the facts relevant to the protection of family rights and interests. Based on the analysis of the scientific literature and civil procedural and family law of Ukraine, the circumstances forming the fact in proof in such cases are determined, as well as their classification are done. It was established that the circumstances forming the fact in proof of cases of special proceeding on the establishment of the facts relevant to the protection of family rights and interests can be differentiated into: 1) the legal nature: a) the circumstances of materially law, whereby the applicant and other persons involved in the case, justify their claims or objections; b) the circumstances of procedural law, which have a different meaning for the case (for example, reasons for missing the deadline of submission of evidence etc.); 2) the range of civil cases within the subject of proof for which it is necessary to establish the following circumstances: a) the circumstances that form the general fact in proof in all categories of cases to establish facts of legal significance; b) the circumstances that form the special fact in proof in each particular case to establishing the fact relevant to the protection of family rights and interests with considering the specific substantive nature of the relationship. Defined circumstances that are not the fact in proof of cases on the establishment of the facts relevant to the protection of family rights and interests, such as: recognized by parties and others persons involved in the case; recognized by the court as a generally known; set judgment in civil, commercial or administrative case, which enter into effect; set verdict in the criminal proceedings, which enter into effect or court order in cases of administrative offenses.Downloads
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How to Cite
[1]
Kashperska, T. and Kashpersky, R. 1. Fact in Proof in Cases of Special Proceeding on the Establishment of the Facts Relevant to the Protection of Family Rights and Interests. Scientific Herald of the National Academy of Internal Affairs. 97, 4 (1), 86-95.
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Section
Combating crimes: theory and practice
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