In the framework of court proceedings, the obligation to prove claims and objections lies with each party that puts forward them, unless otherwise provided by law. In this case, the person authorized to conduct the proceedings on the case determines the circumstances that, in his opinion, are of significance for the process. The court also establishes which side they need to prove, brings the facts to discussion. This provision also applies to circumstances to which the parties did not refer. These rules are established by Art. 56 Code of Civil Procedure of the Russian Federation. Consider the features of its application in more detail. 
General information
Despite the rules that art. 56 Code of Civil Procedure of the Russian Federation (in the new wording), the court cannot postpone the decision to accept the application before the interested parties provide justification. The legislation defines the circle of persons in relation to whom the considered norm applies. In particular, Art. 56 (Part 1) of the Civil Procedure Code applies to direct participants in the proceedings (plaintiff and defendant), third parties, authorities, officials who filed an application / petition in defense of other entities, as well as to the prosecutor.
Nuance
In cases related to the establishment of facts of legal significance, considered under the rules of special proceedings, the parties concerned have an obligation to provide evidence in support of the inability to obtain the necessary documents or to restore the lost acts. At the same time, the right of the court to demand these materials on its own initiative is not excluded. 
Art. 56 Code of Civil Procedure of the Russian Federation with comments
The parties submit documents and information in support of not only the facts that are referred to, but also those that need to be established by the judge in their interests on a specific type of case. An example would be a claim for damages to health. The employer can be relieved of the obligation to compensate the employee for harm only if he can prove that the consequences arose not through his fault. This provision is recorded in Art. 1064 Civil Code. The exception is cases of harm source of high danger. Accordingly, Art. 56 Code of Civil Procedure of the Russian Federation does not apply to the plaintiff, but to the defendant - the employer. At the same time, the victim must provide materials and information confirming that the damage arose in the process of fulfilling his professional duties. 
Compliance with reality information
According to Art. 152 (Clause 1) of the Civil Code, the defendant is obliged to prove the accuracy of the disseminated information. The plaintiff, in turn, must provide evidence of the disclosure of information, as well as their discrediting nature. At the same time, within the meaning of Clause 1 of the above norm, when a citizen, in respect of whom the media published data that is not true and infringes on his interests, disputes the editorial refusal to publish his response to the publication, the plaintiff proves that these materials violate his rights. According to Art. 10 of the Convention governing the protection of human freedoms, as well as Art. 29 of the Constitution, in cases involving the protection of dignity, honor, business reputation, the courts must distinguish between statements of fact, the authenticity of which can be verified, and opinions, value judgments, and convictions that cannot be the subject of judicial protection. To establish compliance with the reality of the latter seems extremely problematic. Accordingly, Art. 56 GIC. 
Important point
When considering cases on the protection of dignity, business reputation and honor, it should be taken into account that, as circumstances having, by virtue of Art. 152 of the Civil Code of significant importance for the proceedings, which should be determined by the judge when accepting the claim and preparing the materials for the hearing, are:
- The fact of the dissemination of data about the plaintiff.
- The discrediting nature of the information.
- Inconsistency of information with reality.
In the absence of even one of these signs, the claim is not subject to satisfaction.
Limitation of actions
In h. 2 Article. 56 GIC established the right of the court to submit for discussion circumstances that are of legal significance for the proceedings. However, this rule does not apply to the limitation period. This is due to the existence of a special rule of substantive law (Article 199, part 2 of the Civil Code). She associates the application of the statute of limitations only with whether this will be declared by the party to the dispute. In these circumstances, the court cannot apply Part 2 of Art. 56 GIC and on its own initiative to bring this issue up for discussion. 
Additionally
The rules of art. Do not apply to an entity applying for recognition as a refugee. 56 GIC. He should not provide evidence of the compulsion of his departure from the place of permanent residence. This entity is only required to inform the relevant authorities of the information necessary to consider his application.
Presumptions
Evidence in civil proceedings is called the legitimate activities of the parties to the proceedings and the court to establish, obtain, study and evaluate information of legal significance on the circumstances of the dispute. It is carried out in the form established by law. The evidence is aimed at resolving the case, the adoption of a reasonable and lawful judicial act. In the first part of the rule under review it is established that each party must provide evidence of the circumstances to which it refers, and on which its claims and objections are based. Moreover, a reservation was made that other rules may be provided for in the legislation. For example, presumptions (assumptions) are among them. They are quite diverse and very numerous. They are based on widespread assumptions in society about the existence of any particular fact with a fairly high level of probability. In the literature, the most common are presumptions:
- Integrity of the citizen.
- The fault of the debtor.
- Maternity / paternity.
- The validity of the annulled decisions of the courts.
Legal assumptions are always enshrined in legal norms. They may be present both in the Civil Procedure Code and in the provisions of substantive law. In this, legal presumptions differ from actual presumptions. In other words, special regulations governing evidence-based activities are included in various regulations. Such rules, in fact, cancel or change the general rules. In general, evidence accompanies any legal proceeding. Even at the stage of filing a statement of claim, the subject must attach documents confirming his claims.
