The role of substantive law in understanding the essence of judicial evidence in civil procedure

The article provides a detailed study of the influence of substantive law norms on the nature and characteristics of judicial evidence in the civil procedure of Ukraine, particularly regarding their formation, use, and interpretation. A comprehensive analysis is conducted of various types of civil proceedings, including claim-based, order, and special proceedings, which are fundamental for the substantive examination of cases. It is noted that judicial evidence plays a key role in establishing the circumstances of a case regardless of the type of proceeding, even in instances where another jurisdictional body has already examined the case on the merits, such as international commercial arbitration. The author emphasizes that, unlike some European countries such as Austria, Germany, or Sweden, Ukraine lacks non-documentary procedural models, making judicial evidence an indispensable foundation for ensuring justice and protecting the rights of the parties. At the legislative level, evidence is defined as a combination of information about legally significant facts and the material carrier of this information – written, physical, electronic evidence, or witness testimony. Attention is drawn to the close connection between evidence and substantive law norms, which define the legal facts – the subject of proof, and establish the conditions of their relevance and admissibility. Meanwhile, procedural law regulates the procedure for the submission, examination, and evaluation of evidence in court proceedings. The author compares Ukrainian legislation with the legal systems of France, Italy, and Belgium, where evidence norms are often directly included in substantive law, highlighting their dual substantive-procedural nature. Particular attention is given to the role of the principle of dispositiveness in the construction of the evidentiary base by the parties, as well as the limitations of this principle imposed by public interest, aimed at ensuring fairness and legality of judicial decisions. The author concludes that there is a need to introduce a comprehensive, systematic approach to regulating the institution of evidence in Ukraine, which should consider the interaction of substantive and procedural law norms. Such an approach will contribute to enhancing the efficiency of civil justice, strengthening trust in the judicial system, and harmonizing national legislation with international standards.