The interaction of the tasks of preparing a case for trial with the court’s judicial and evidentiary activities
https://doi.org/10.30729/2541-8823-2023-8-2-60-65
Abstract
The article considers and establishes the interaction between the proper fulfillment of tasks aimed at the judicial authority at the preparation of the case for trial; issues considered by the court in the court session; issues resolved by the court in the deliberation room when making a court decision; the motivation part of the court decision and the grounds for its annulment. The author deserves special attention for consideration in the study of the tasks, the resolution of which is associated not only with the judicial activity of the court, but also with the evidentiary activity of all participants in the process: the task of determining the circumstances relevant to the case, in other words — the correct definition by the court of the subject of proof in the case; the task of determining the necessary evidence, as well as assisting in their collection to the parties who need it.
About the Author
S. L. DegtyarevRussian Federation
Sergey Degtyarev (Yekaterinburg, Russia) — Doctor of Legal Sciences, Professor of the Department of Civil Law Disciplines
66 Korepina St., Yekaterinburg, 620057
References
1. Degtyarev S. L. Realizatsiya sudebnoy vlasti v grazhdanskom sudoproizvodstve: teoretiko-prikladnye problem [Realization of judicial power in civil proceedings: theoretical and applied problems]. — M.: Volters Kluver, 2007. — 364 p. (In Russian)
2. Ganicheva E. S. K voprosu o soderzhanii ponyatiya “tsivilisticheskiy protsess” [To the question of the content of the term “civilistic process”] // Obrazovanie i pravo [Education and law]. 2022. No. 4. Pp.134–140. (In Russian)
3. Zagidullin M. R. O soderzhanii ponyatiya “tsivilisticheskiy protsess” [On the content of the term “civilistic process”] // Zhurnal Rossiyskogo prava [The Journal of Russian Law]. 2020. No. 5. Pp. 120–130. (In Russian)
Review
For citations:
Degtyarev S.L. The interaction of the tasks of preparing a case for trial with the court’s judicial and evidentiary activities. Kazan University Law Review. 2023;8(2):60-65. https://doi.org/10.30729/2541-8823-2023-8-2-60-65