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

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
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article

On the Issue of Sanction for the Evasion of the Party to the Case from Presenting the Evidence Requested by the Court

Daria Yu. Zatonova
Zakon
Legal and Policy Issues
article

On the Issue of Sanction for the Evasion of the Party to the Case from Presenting the Evidence Requested by the Court

Daria Yu. Zatonova
article en

Abstract

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.

ZakonVol. 22(2)
Openalex Percentile: Top 95%
Legal and Policy Issues
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