Some issues of proof in civil proceedings of the Republic of Kazakhstan

Abstract

This article reveals the concept of the institution of presumption in civil proceedings. The basis of presumption in the process of proof in civil proceedings, the mechanism of presumption institute in the practice of foreign courts were studied. The author provides a comparative analysis of the types of classifications of the Institute of presumptions. The author concludes that the presumption in civil proceedings promote the protection of the interests of party, exempt the party protected by the presumption from presenting evidence, thus speeding up the trial, make it possible to resolve the case when the defendant does not present evidence by applying the presumption. Thereby, presumptions in civil proceedings promote the protection of interests of a party, exempt the party protected by the presumption from presenting evidence, thereby helping to speed up the process of administration of justice in civil cases. Given the importance of questions about the content and procedural functions of the institute presumption needs further theoretical development and development.