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Процесуальні особливості участі свідка у цивільному процесі: порівняльно-правовий аналіз

Year: 2026
Type: article
Abstract: This study provides a comprehensive comparative legal analysis of the status, rights, and obligations of witnesses in civil proceedings within the legal systems of the Republic of Azerbaijan, the Republic of Turkey, the Federal Republic of Germany, and the United States of America, and also examines the procedural specificities of obtaining evidence abroad under the 1970 Hague Evidence Convention. The author has investigated the classification of participants in civil procedural relations, the established legal nature of a witness’s duty to cooperate with the court, mechanisms that have proven effective in ensuring the truthfulness and reliability of testimony, as well as the limits of permissible grounds for refusing to testify. It has been clarified that different jurisdictions conceptualize the role of the witness and strive to ensure a balance between the procedural requirements of the court and the substantive rights and interests of the parties. It has been established that, in the legal system of the Republic of Azerbaijan, the procedural framework governing witness participation is regulated through clearly defined obligations, including compulsory attendance, truthful testimony, and the application of statutory sanctions in the event of unjustified absence or refusal to testify. The author has investigated legislative provisions concerning the conduct of witness examination, including mandatory warnings about criminal liability for knowingly providing false information, which has been demonstrated to underscore the evidentiary significance of witness statements. The characteristics of the Turkish approach have been identified in comparison with the other jurisdictions analyzed, notably a broad range of grounds allowing a witness to refuse testimony. These grounds extend beyond close familial relationships to include various personal, property-related, and professional circumstances, thus providing witnesses with a wider protective framework. Moreover, the author has examined the formalized procedure for oath-taking prior to examination, reflecting the traditionally recognized moral and legal solemnity associated with giving testimony. The German civil procedure has been studied as demonstrating an even broader recognition of protected relationships and interests. In addition to legally established family ties, German law recognizes factual familial relationships, close emotional bonds, and economic dependence as legitimate grounds for refusing to testify. It has been demonstrated that this approach emphasizes the protection of witness autonomy and personal integrity, even if such protections may limit the evidentiary potential available to the parties or the court. The study supports the view that the American model, grounded in the Federal Rules of Civil Procedure and the Federal Rules of Evidence, establishes a clearly defined structure for the examination of witnesses. The system provides for a distinction between direct, cross-, redirect, and recross-examination, with each stage regulated by studied rules concerning the scope and permissible methods of questioning. This adversarial model has been demonstrated to be effective in maximizing the reliability of testimony, allowing each party to challenge the accuracy and credibility of evidence through structured procedural safeguards. Finally, the mechanisms established under the 1970 Hague Convention for obtaining international witness testimony have been examined. It has been demonstrated that the Convention is recognized as an effective instrument for facilitating judicial cooperation, harmonizing procedures for obtaining evidence abroad, and ensuring respect for the procedural autonomy of both the requesting and executing states. It has been established that the interaction between national procedural norms and international cooperation instruments reflects the growing significance of transnational evidence-gathering in contemporary civil litigation.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7125462856
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