Title: Recognition of factual circumstances by the parties to a case as a basis for exemption from their proof in civil proceedings of Ukraine

Authors: Oleksandr Hetmantsev; Liudmyla Ostafiichuk; Iryna Tatulych; Inna Osipova; Volodymyr Bobryk

Addresses: Department of Procedural Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine ' Department of Procedural Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine ' Department of Procedural Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine ' Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine

Abstract: The relevance of the study is conditioned by the global necessity of improving the legal regulation of judicial protection of human rights, freedoms and interests in human society. The purpose of the study is to investigate the features of recognition of factual circumstances by the trial participants in civil proceedings. Recognition of factual circumstances is an important element of the proof procedure in civil cases, and the current state of procedural and legal regulation due to its impact on the positive completion of the trial. Study results allowed the authors to conclude that further implementation of reform activities by the state in the judicial system and civil proceedings should be accompanied by consideration of scientific and theoretical developments and proposals for the legal regulation of issues concerning the proof procedure.

Keywords: civil proceedings; proof; exemption from proof; circumstances of the case; recognition of the parties; Ukraine.

DOI: 10.1504/IJPLAP.2022.124432

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.271 - 282

Received: 11 Dec 2021
Accepted: 15 Feb 2022
Published online: 26 Jul 2022 *

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