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Evaluation of the admissibility of written evidence in civil and administrative proceedings

Shkurova Polina Dmitrievna  (Post-graduate student of Kutafin Moscow State Law University (MSAL))

This article discusses the theoretical and practical problems of admissibility of written evidence in civil law and civil and administrative proceedings in Russia. In this article the current criterion of evaluation of evidence is defended for clarification without detracting from the overall positive value. Analysis of judicial practice shows that under the current rule of admissibility of evidence (article 60 of the Civil Procedure Code, article 68 of the Arbitration Procedure Code, article 61 of the Administrative Procedure Rules, articles 162, 1124 etc. of the Civil Code) in some cases it becomes impossible to protect the rights and interests of individuals and legal entities in a comprehensive manner, taking into account the norms of morality of existing civil legislation and civil and administrative proceedings in some cases would contribute to the issue of legitimate, justified and fair judicial acts.

Keywords:сivil and administrative proceedings, written evidence, the admissibility of written evidence, evaluation of evidence.

 

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Citation link:
Shkurova P. D. Evaluation of the admissibility of written evidence in civil and administrative proceedings // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2018. -№05. -С. 208-211
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