Court Activity in the Process of Evidence in the Conditions of Compatibility in Civil Court-Production

• Main Author: A. D. Dzumatov
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-06-01
• Series: Сибирское юридическое обозрение
• Subjects: court; adversarial; proving; reclamation of evidence; collection of evidence
• Online Access: https://www.siberianlawreview.ru/jour/article/view/358

The article gives a brief historical description of the role of the court in the collection of evidence. The arguments in favor of strengthening the role of the court for the recovery of evidence are presented. In particular, the Author substantiates the conclusion that it is necessary to impose on the court the obligation to independently demand evidence in civil proceedings. The Author comes to the conclusion that strengthening the role of the court in the process of proof in civil proceedings are dictated by the requirements due to the many flaws in civil procedural law, the unequal social status of participants in the process, making decisions not in accordance with actual circumstances of the case.