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Article

Установление судами первой и апелляционной инстанций общеизвестности обстоятельства

Закон. 2017. № 7. С. 137-145.

Understanding what is a commonly known fact can not be achieved without developing the ability to verify the findings of the court as to whether a particular circumstance is generally known or not, on appeal. It attracts need to refuse unconditional recognition of such circumstance to all members of structure of court that demands introduction of the procedure of check of a circumstance on common knowledge. It is incorrect to separate proof of common knowledge of the fact from the proof of its existence as the proof of common knowledge of a circumstance for its use as the bases for release from proof in all cases is identical to the proof of existence of this circumstance. The court of first instance and the appellate instance must carry out such verification ex officio in the same way - through a critical appeal to several publicly available sources of information.