About proving and evidences in legal cases of compensation for losses due to economic activity.

Abstract

The article is devoted to the study of the peculiarities of proving process in disputes about compensations for losses due to economic activity and use of means of proof in relevant cases. It is noted that a quick resolution of the dispute and the plaintiff's positive court decision depends largely on the completeness of the use of means of evidence, investigation and evaluation of provided evidences by the court.

The article addresses issues such as dividing the obligation of proving, the adequacy of the evidence which are used for loss compensation claims, because these aspects are the biggest peculiarities for compensation claims as compared to other categories of disputes.

Emphasized that the range of evidence depends on the nature of the offense same as on components of losses claimed for compensation by the claimant.

The article draws attention to the fact the most common type of evidences that support incurred losses, other circumstances and facts which have to be ascertained are written evidence, furthermore the relevant types of written evidence are summarized with indication for their request form requirements and content for various components of incurred losses. Examined the use of such evidences as expert opinion and material evidences in compensation for losses cases.

On the basis of the analysis, were finalized the provisions on dividing the obligation to prove and adduce proves for cases of losses compensation in commercial litigation, specifying the responsibilities assigned to each the parties in a dispute; summarized types of evidences in relevant cases with specifying their list refer to the lost value, damaged or destroyed property, material compensation for non-pecuniary damage, lost profits; found out that the use of material evidences in cases of compensation for losses has not become widespread.