Proving is one of the main issues of the subject not only of science, but of the branch of civil procedural legislation either. Because establishment of the truth of the case in legal conflict is the ultimate goal of justice as one of the forms of state activity. The author defines the range of subjects of evidence linking with the legal status and functional purpose of the participants in the judicial process, the concept of evidence is connected with its etymological significance. As a result, he proposes cognition as the second form of activity in the process of establishing the actual truth in a case.
proof, cognition, justice, arbitrator, civil case, philosophy of legislation, obligations, civil litigation
1. Boltuyev S.Sh. The Problem of Proving in Civil Juridical Proceedings. Synopsis of candidate dissertation in jurisprudence. – Tomsk, - 1986. – 26 pp.
2. Boltuyev S.Sh. Correlation of the Elements of Cognition and Proving in Civil Juridical Proceedings // Tidings of the Academy of Sciences of the Tajik SSR. – Series: Philosophy, Economics, Law. – 1986, №4. – pp. 49 – 53.
3. Boltuyev S.Sh. To the Issue of the Place of Forensic Cognition // Statal-Legal Building of the Tajik SSR at Contemporary Stage. – Dushanbe, - 1987. – pp. 252 – 236.
4. Boltuyev S.Sh. Some Measures on Rising the Effectiveness of Forensic Considerations in the Process of the Truth Establishment on a Civil Case. – Khujand: Publisher, - 2002. – 153 pp.
5. Gordon V.M. The Charter of Civil Juridical Proceedings with Commentaries. – Spb. – 1914. – 479 pp.
6. Gustinian`s Digests // Peretersky I.S. Editor-in-charge: Ye.A. Skripilev. – M.: Science, 1984. – 456 pp.
7. Duvernoia N.L. Form Civil Law Readings: Preface and General Part. (Tenet about Individuals). The 2nd edition. – Spb, Printing-house by A.Ye. Landau. – 1895. – 550 pp.
8. Duvernoia N.L. Civil Law Readings. Spb, Printing-house by M.M. Stasuylevich. 1902. – 959 pp.
9. Kurylyov S.V. The Grounds of the Theory of Proving in Soviet Justice. – Minsk: Publishing-House of Belarus State University. – 1965. – 256 pp.
10. Liluashvili T.A. Subject of Proving and Distribution of the Burden of Proving in Soviet Civil Trial. Candidate dissertation in jurisprudence. – M., 1961. – 27 pp.
11. Smyshlyaev L.P. Subject of Proving and Distribution of the Burden of Proving in Soviet Civil Trial. – M.: Publishing-House of Moscow State University. – 1961. – 296 pp.
12. Tahirov F.T. Today`s National State of the Tajik People and Prospects of its Development. – Dushanbe. The Institute of State and Law under Tajikistan Republic Academy of Sciences. – 2006. – 200 pp.
13. Treushnikov M.K. Proofs and Proving in Soviet Civil Trial. – M.: MSU Publishing-House, - 1982. – 230 pp.