Comments on article 95. Material evidence of the Civil Procedure Code of the Republic of Kazakhstan
Objects are recognized as material evidence if there is reason to believe that their appearance, properties or other features can serve as a means of establishing circumstances relevant to the case.This article regulates the concept of physical evidence, classified according to the source of evidence.If the court obtains factual data by removing information from things that have preserved traces, imprints of actions, events, or inaction, the proof is carried out using substantive evidence. Substantive evidence is divided into two types: written and physical evidence. Material evidence means only objects (things) that, as a result of unlawful influence on them, change or lose their consumer and other properties and allow us to establish circumstances relevant to the case.____________________48
Commentary to the Civil Procedure Code of the Republic of Kazakhstan. -Astana, 2008. p. 314.
As a rule, such things act as material evidence, which themselves are the subject of dispute, and therefore the court is dealing with the investigation of the authentic things themselves, and not their copies. The material evidence is, for example, property that has significant historical, artistic or other value to society in the event of a claim for the recovery of the thing. Physical evidence acts as evidence in cases in which their quality is disputed (the quality of goods under a contract of sale, the quality of their manufacture under a contract), in cases of compensation for damage to property, etc. For example, a plaintiff in a damage compensation case submits to the court items damaged after dog bites to confirm the fact that he was harmed, as a result of which these items became completely unusable. The location of physical evidence is of evidentiary importance when considering vindication claims. The content of physical evidence is that information about facts-actions, facts-states, facts-omissions, which the court perceives directly visually, or by resorting to the help of experts who reveal the content of physical evidence (for example, the fact of erasure, corrections in the document, product quality inconsistencies with the standard). This is how physical evidence differs from written evidence: in a document that is physical evidence, information is contained in the form of tangible, visually perceptible signs (for example, a document with traces of erasure), and in a document that is written evidence, this information is transmitted using signs (numbers, letters, etc.).
In many cases, it is not allowed to use physical evidence without recording its external features in written evidence. For example, in a commercial act drawn up by a railway transport organization to confirm damage to cargo, information about seals is indicated, damage to which is also recorded in the act as written evidence.
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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