The influence of the principle of dispositivity on the stage of proof in civil proceedings in Ukraine

The scientific article comprehensively examines the principle of dispositivity as a fundamental principle of civil proceedings and its determining influence on the stage of presentation and disclosure of evidence. An analysis is being carried out of the legislative provisions of the Civil Procedure Code of Ukraine, which regulate the submission of evidence, filing of motions, and the exercise by the parties of their procedural rights. The key aspects of the manifestation of the principle of dispositivity at the stage of initiating the evidentiary process are analyzed, including the right of the parties to independently determine the subject of proof, the volume of necessary evidence, and the methods of submitting it to the court. Particular attention is paid to the question of how dispositiveness affects the process of proof: in particular, the role of the parties in collecting, presenting and evaluating evidentiary material is revealed, as well as the limits of the court’s activity, which cannot go beyond the stated claims and presented evidence, but is obliged to facilitate the exercise of their rights by the parties. It is separately emphasized that the discretion is not absolute - the court retains certain tools to ensure a full and comprehensive clarification of the circumstances of the case, but their use is strictly regulated by law and cannot replace the initiative of the parties. The problematic issues of the practical implementation of the principle of dispositivity at the evidentiary stage are also investigated, including the need to ensure a balance between the dispositivity of the parties and the efficiency of the trial. The generalization of the obtained results allowed us to conclude that the effectiveness of the evidentiary stage largely depends on the proper exercise by the parties of their procedural rights, good faith behavior, and activity in presenting evidence. The principle of dispositivity serves not only as a guarantee of the autonomy of the will of the participants in the process, but also as a key factor in ensuring the fair and effective consideration of civil cases. Based on the analysis, practical recommendations were formulated to improve procedural legislation and law enforcement practice in order to optimize the application of the principle of dispositivity at the stage of submission and disclosure of evidence in civil proceedings, ensuring fair and timely resolution of civil disputes.