Fennych V. Presumptive Evidence in Civil Justice

The conception of presumptive evidence used in civil procedure has been developed. The place of presumptive evidence in the system of legal presumption has been determined. The characteristic features and structural elements of presumptive evidence as well as the reasons for introducing them into legal rules have been described. The essence of presumptive evidence has been shown by means of the theory of activity and there has been grounded the fact that it is the procedural device that balances the interests of the sides in the process of proving the presumed fact. Different approaches to the classification of presumptive evidence have been characterized in the thesis, the structural elements of some presumptive evidence have been analyzed, on the grounds of which concrete proposals for improvement of the civil procedural legislation have been put forward. The mechanism of presumptive evidence operation has been theoretically grounded and its structural elements have been determined and confirmed by the materials of cases