Necessity of proof as the principle of evidence in Civil Proceedings of Ukraine

Abstract

The paper deals with one of principles of evidence, the principle of necessity of proof. The conformance of this principle to requirements of normativity, regulatory, mandatory and inviolability is analyzed. Since the necessity of proof is directly connected with the distribution of proof actions between persons involved in the case, the nature of the burden of proof is investigated. The author also found the possibility to take part in the long doctrinal discussion, well known at post-Soviet area, about the nature of proof: is it the right of a person or is it the obligation of a person? The legal norms of the Civil Procedural Code of Ukraine, which regulate the necessity of evidence, were analyzed, and the conclusions on improving of these norms were given.