The Principle of Immediacy and Elusive Circumstances

Abstract

The article discusses the problems of direct cognition by the court of the circumstances of the case. Arguments are proposed for solving the issue of procedural limitations of the court in the knowledge of facts directly. It was also proposed to amend Art. 157 CCP, Art. 10 of the CAP, securing the right of the court to establish facts through their direct knowledge.

The article also discusses the question of whether elusive circumstances can have a procedural significance in the formation of an internal judicial conviction. Turning to the latest technological solutions may present such an opportunity. The use of IT in this direction brings the judicial conviction out of the dark zone, turning the elusive inner conviction into evidentiary facts, with which the judge can justify his trust or distrust of a witness, a party, or a third party.