K. I. Komissarov. Admitted but not an Indisputable Fact

Abstract

For several centuries by now, domestic legal scholars have been conducting a rather complex discussion about what constitutes a civil judicial admission. Is it a means of proof in a civil (or commercial) case before the court or a volitional act of persons participating in the case aimed at the release of a procedural opponent from the obligation to prove the circumstances recognized by them?

The author notes that during the Soviet period, the mentioned discussion almost came to naught, and considers the reasons why the administrative and combined (mixed) theories of recognition of facts were rejected. As a result of this rejection, Soviet scholars began to pay much attention to evidentiary theory. At the same time, only a small part of the works touched on the terminological issues in this field. The first one who drew attention to the fact that confession is not an indisputable fact that exempts from proof was K. I. Komissarov. The paper analyzes the arguments he gave and highlights the scholar’s contribution to the development of domestic procedural science.