Article title Appropriate and Acceptable Evidence in Some Instances, Arising from Genetic Relationships
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2014
Сторінки [216-221]
Annotation The article discusses some problems of regulatory activity in the courts of evidence-based civil jurisdiction in the light of belonging and admissibility of evidence. Reviewed and analyzed is the subject of proof by a series of cases arising from genetic relationships as a criterion for determining membership evidence. It is concluded that the problems of regulatory enforcement of the material on the relevance of evidence in a particular case arising from an erroneous determination by the court of ultimate fact, and due to the existence of a relatively defined hypotheses and disposition rules of succession, which makes some subjectivity in the implementation of judicial discretion in this category of cases. The problems of the Institute of the admissibility of evidence in the light of the uncertainty in the substantive law of evidence in certain circumstances, including the death of an individual that can not be supported by other means of proof than you specified law.
Keywords affiliation, admissibility of evidence, parties, means of proof, validity, subject of proof, judicial discretion.