Comments on article 67. Reliability of evidence of the Civil Procedure Code of the Republic of Kazakhstan

A proof is considered reliable if, as a result of verification, it turns out that it corresponds to reality.This article provides for another criterion for evaluating evidence - its reliability.Reliability is defined as the quality of evidence that characterizes the accuracy and correctness of the reflection of the circumstances included in the subject of proof. To verify the reliability of the evidence means to find out whether the witness is telling the truth, whether the information contained in the document is true, etc.The reliability of evidence depends on the quality of the information source. In order to verify the authenticity, the court establishes the relation of the witness to the persons participating in the case (part two of Article 204 of the CPC). The reliability of written evidence is checked for the availability of all necessary details, compliance of the document with the authority's competence, etc. Erasures, indistinctness of the seal, signatures, etc. may indicate the unreliability of written evidence. The conditions of storage of physical evidence from the moment of their seizure until presentation to the court may affect the reliability of information obtained during their examination at a court hearing. However, the reliability of the information source does not unambiguously guarantee the reliability of the evidence. Even a conscientious witness can be mistaken, mistaken. Modern methods of expert research may not be sufficient to formulate a conclusion.The reliability of a proof is verified by comparing it with other evidence. The discovery of contradictory, mutually exclusive information indicates the unreliability of some of the evidence, and the need to eliminate these contradictions by providing additional evidence or refuting existing ones. For example, if the testimony of a witness and the expert opinion on the person who executed the signatures in the document contradict, the court may order a second or additional examination. If two expert opinions contradict, the court may appoint a commission examination.

With respect to documents, it is recommended to check both the formal conditions for the authenticity of the document and the process of its formation, as well as the reliability of the evidence when evaluating the totality of evidence. The formal conditions for reliability include: the procedure for accepting, drafting, signing, registering, certifying, and issuing written evidence; compliance with the form and samples of the document; and the quality of its execution. First of all, this concerns official written evidence. The court must ensure that such a document comes from the body authorized to present this type of evidence, is signed by a person authorized to affix a signature to the document, and that the established procedure for drafting, registration, and issuance is followed. With regard to documents originating from private individuals, the question of confirming the authority sufficient to create such a document may arise only with respect to an administrative document (for example, a will), in other cases it should be about the actual knowledge of the executor of the document.When verifying the authenticity of written evidence, the court may compare the information contained in the document with information obtained from other evidence.; verify the authenticity of the document by interviewing people who were present when it was drawn up.; verify the authenticity of the document by comparing the handwriting and signature on the document with the signature and handwriting of the same person on other documents that are beyond doubt; if necessary, when special knowledge is required to determine the authenticity of the evidence (for example, to compare handwriting, signatures, establish traces of the destruction of the previous record and the introduction of a new one, the time of compilation of the document, identification of forgery of a seal or stamp), an expert examination is appointed.____________________35 Sinyakova M.V. Reliability of written evidence in civil and arbitration proceedings.// Legislation. 2008. № 1 //http://www.incomservis lb.ru/index.php?act=pages&id=74

The court, rejecting the evidence in view of its unreliability, indicates in the reasoning part of the decision the arguments on which it came to the conclusion that the evidence was unreliable.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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