The agrarian and industrial complex unambiguously calls the subject responsible for definition of a subject of proof, is a court. Undoubtedly, the persons participating in business also define a proof subject, otherwise would be impossible to speak about the claim bases and so forth. However as the decisive subject in definition of a subject of proof the court acts.
In procedural science there was a traditional idea of types of proofs. Classification can be carried out * on three bases: nature of communication of proofs with facts of the case; formation source; process of formation of proofs.
Differences in object of survey and research of proofs are obvious: the station of 64 agrarian and industrial complexes speaks about the proofs which are exposed to fast damage (for example, perishable production: the meat; the dairy; vegetables; fruit, etc.), therefore, efficiency of carrying out survey and research gets importance, leading to possibility of implementation of procedural actions even without call of the persons participating in business if they cannot arrive to the location of a material evidence by the time of its survey.
According to the petition of the organization which brought original documents into arbitration court these documents after the term of the appeal of the decision or upon termination of consideration of the case in cassation instance can be returned to it.
Research of a material evidence is influenced by the sizes, properties and many other things. One proofs can be brought into court, and their survey is carried out on a place. Thus photography, video filming can be carried out. In case the material evidence is exposed to fast damage, it looks round and investigated by arbitration court in a place of its stay.
It agrees to the arbitration - procedurally to the code there are five evidentiary facts, it: written proofs, material evidences, expert opinions, indications of witnesses, explanations of the persons participating in business.
In the course of proof various subjects take part in arbitration court, each of which carries out the duties assigned to it. This proof develops within arbitration process, therefore, its participants are subjects of the arbitration and procedural relations.