|Opis:||The party's right to evidence is highly protected right. Namely, it is about the protection of fundamental human rights at the highest level, within the framework of the European Convention of Human Rights and Fundamental Freedoms, at the national level the right is protected by the Constitution of the Republic of Slovenia and in this specific part by the Civil Procedure Act. Of course, justice is not only part of civil law but also of criminal law. The first problem is already in the possibility of transferring the regulation of protection of this right from criminal to civil law. While the beforementioned Convention applies to both criminal and civil proceedings, it is the most general protection. The Constitution of the Republic of Slovenia also has a very general definition of the protection of rights, which is discussed in this part. The fact is, however, that regulation in civil proceedings cannot be transferred from regulation in criminal proceedings. Of course, the courts play a major role in shaping such universal rights. The highest protection is therefore provided by the European Court of Human Rights, which sees a major problem of violation of this right in the reasoning of national courts on the (non) use of evidence, where the judge uses the free assessment of evidence.
The court, which must always give a good explanation of its decision in a concrete dispute between the parties, this standard is better explained in the work itself, and in general it can be concluded that the judge's reasoning must convince both the profession and the parties, that is professionals and the layman.
Fort a properly conducted procedure, the party must, among other things, be given the opportunity to be present at the presentation of evidence, and the principle of immediacy also applies, according to which a judge may not cooperate with only one party. The party must also be able to take an active part in the examination of witnesses and experts and to give their legal views.
However, there is also the possibility fort the judge to encounter the right of the other party, such as the right to privacy, when granting the party the right to evidence. In this case, the judge conducting the proceedings must weigh which right to give priority and needs to assess which right brings greater benefit or less harm.|