ПРАВО НА ДОКАЗ У ПАРНИЧНОМ И КРИВИЧНОМ ПОСТУПКУ
THE RIGHT TO EVIDENCE IN THE LITIGATION AND CRIMINAL PROCEDURES

Summary/Abstract: The subject matter of the article concerns the institute of the right to evidence in the litigation and criminal procedures. After analyzing the rudimentary theoretical elements in the approach to the problem, the relevant provisions of the Law on Litigation Procedure and the Law on Criminal Procedure are dealt with, as far as they relate to the source of the „right to evidence”. Such analysis includes both the subjects (parties in the strict and wider senses, the court, and the like) having such right and the several phases of mentioned proceedings, as well as the substance of the right to evidence pertaining to every one of these parties. Particular attention is dedicated to the analysis of the burden of providing evidence in the litigation and criminal procedures, as well as to the problems relating to the burden of proof in both of these procedures. Following are the two basic theses exposed in the present article by the author: the right to evidence docs not belong only to the court (as was the concept emphasized mainly as far as the civil law proceedings are concerned); the right to evidence is complementary to the burden of providing evidence in both of these procedures. In her conclusions, the author particularly stresses that the independence of the institute of the right to evidence has been preserved, both in the litigation and the criminal procedures, as well as that the differences between them are but a consequence of different legal regulation of the burden in providing the evidence needed.

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