CIVIL LAW AND CIVIL PROCEDURE

Judicial oath in civil proceedings: questions of theory and practice

Abstract

The article examines the use of the witness oath in civil proceedings. The purpose of the article is to theoretically substantiate the need to use the witness oath in the civil proceedings of the Republic of Kazakhstan as a way to counteract deliberately false testimony of witnesses in civil cases. The article examines the historical aspects of the judicial oath, as well as the comparative legal aspects of the use of the witness oath in the civil proceedings of the Republic of Turkey.

The conclusion is made about the expediency of introducing witness oaths into civil proceedings. The article analyzes legally and psychologically justified approaches to the normative text of the judicial oath, and suggests appropriate changes in the civil procedure legislation of the Republic of Kazakhstan. This conclusion is substantiated by arguments based on an analysis of the legal nature of witness testimony as a form of judicial evidence and the identification of shortcomings in the existing mechanism for warning of criminal liability, which makes it possible to consider the witness oath as an additional procedural safeguard for ensuring the reliability of evidentiary information.