On the Issue of Sanction for the Evasion of the Party to the Case from Presenting the Evidence Requested by the Court
The article substantiates the need to apply a procedural sanction in the form of the application of the presumption of recognition to the party of the case that evades the provision of evidence requested by the court, i.e., the application by analogy of Part 3 of Article 79 of the Civil Procedure Code of the Russian Federation to cases of non-presentation of written and material evidence. A sanction in the form of a presumption of recognition can only be applied if the court is highly likely convinced that the party has the required evidence, but refuses to provide it without good reason. The application of property sanctions to persons involved in the case who evade the presentation of evidence requested by the court is ineffective.
Authors
- Daria Yu. Zatonova
Publication Details
- Journal
- Zakon
- Published
- 2025-02-01
- DOI
- https://doi.org/10.37239/0869-4400-2025-22-2-81-88
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00