Changing approaches to the classification of evidence in arbitration proceedings

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The article presents the results of the analysis of the transformation of doctrinal views regarding the classification of evidence, the use of which is provided for in arbitration proceedings. The concept of evidence, what exactly is acceptable to use to justify one’s own position, what form the evidence can take in order to be defined as admissible in arbitration proceedings, is gradually changing. Classification of evidence is not only their theoretical consideration from the position of commonality or difference of significant features. Classification from the position of the doctrine of law can be considered as a basis for the formation and change of legal regulation, because the delimitation of evidence into certain groups allows to determine the permissible difference in approaches to legal regulation. In the light of the scientific and technical process, increasingly active digitalization of almost all spheres, ideas about evidence and classification are gradually changing both in science and in practice. The most acute need in modern conditions is the need to define the status of electronic evidence. Discussions regarding this type of evidence are quite active in light of the fact that it cannot be unambiguously attributed to any existing type of evidence. The totality of the above arguments indicates that the issue of classification of evidence in the arbitration process, the change of the scientific approach to classification as the process of proceedings and proving is relevant. According to the results of the study, the author’s conclusions are made about the trends of transformation of approaches to the classification of evidence in arbitration proceedings, as well as the author’s vision of the classification of evidence.

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Arbitration process, proof, evidence, admissibility of evidence, relevance of evidence, burden of proof, legal proceedings

Короткий адрес: https://sciup.org/14130320

IDR: 14130320   |   DOI: 10.47629/2074-9201_2024_2_22_27

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