Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law

Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England. Materials and methods . In the course of writing the work, a set of general scientific, formal-logical methods (including methods of analysis, synthesis, induction, deduction, systematization) and special methods (formal-legal, historical, comparative-legal, structural-legal methods, etc.) were used. Research results . The author demonstrates that fact finding of objective truth in economic disputes can be carried out by the court when the following condition are fulfilled: evidentiary materials are formed in the course to the directions of the court. In economic disputes in Russia and England, the court formation evidential matter both for the case as a whole and to provide for expertise. Discussion and conclusion . A conclusion on the similar role of court in formation evidential matter in economic disputes in Russia and England is made. The article formulates suggestions on the improvement of the Arbitration Procedural Code of the Russian Federation.

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Publication Details

Journal
Journal of Law and Administration
Published
2024-10-11
DOI
https://doi.org/10.24833/2073-8420-2024-3-72-17-26
Primary Topic
European and International Law Studies
Type
article
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article

Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law

Olga Smolina
Journal of Law and Administration
European and International Law Studies
article

Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law

Olga Smolina
article en

Abstract

Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England. Materials and methods . In the course of writing the work, a set of general scientific, formal-logical methods (including methods of analysis, synthesis, induction, deduction, systematization) and special methods (formal-legal, historical, comparative-legal, structural-legal methods, etc.) were used. Research results . The author demonstrates that fact finding of objective truth in economic disputes can be carried out by the court when the following condition are fulfilled: evidentiary materials are formed in the course to the directions of the court. In economic disputes in Russia and England, the court formation evidential matter both for the case as a whole and to provide for expertise. Discussion and conclusion . A conclusion on the similar role of court in formation evidential matter in economic disputes in Russia and England is made. The article formulates suggestions on the improvement of the Arbitration Procedural Code of the Russian Federation.

Journal of Law and AdministrationVol. 20(3)
Ministry of Agriculture of the Russian Federation (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
European and International Law Studies
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Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law — Olga Smolina · Journal of Law and Administration (2024) | TGRS Research Map | TGRS