Shtefan A. The mechanism of proof in civil proceedings.

The dissertation is devoted to the complex study of the problems of the mechanism of proof in civil proceedings which includes analysis of the elements of the mechanism of proof in the relationship between the provisions of the current legislation of Ukraine, modern doctrinal teachings and problems of legal enforcement practice. The characteristic signs of proof in civil legal proceedings are investigated. The definition of proof is formulated as a kind of perception that combines the mental and practical activity of its subjects, aimed at achieving the correspondence between the circumstances of the case and the court’s conclusions in these circumstances and is carried out by means of evidence in a procedural form. It is argued that evidence law is a legal phenomenon that does not belong to any of the elements of the system of law but is an independent complex entity. The legal construction of evidence law contains the rules of procedural law and substantive law, the order of proof is governed by the rules of procedural law and substantive law creates the prerequisites for proof. It is established that the mechanism of proof belongs to the sphere of procedural legal mechanism and serves as one of the factors that ensure implementation of the right to judicial protection. The elements of the mechanism of proof are: rules of civil procedural law that regulate the proof; procedural legal facts; civil procedural legal relations; evidence.