Раскрытие доказательств в состязательном гражданском процессе

Abstract

The article examines the issues of the use of evidence that are important in the adversarial process. The author proposes that the persons participating in the experience cannot be deprived of the opportunity to apply the tactics. It is advisable to establish a rule according to which the court of first instance participating in the case can track the disclosure of evidence by this person before hearing the explanations of the persons participating in the case and questioning the witnesses participating in the case. The author also comes to the conclusion of the court about the inadmissibility of the first instance’s refusal to accept evidence on the grounds of their untimely disclosure. The application of the sanction does not allow ensuring the application of the principle of proportionality in relation to the substantive consequences for the violator. At the same time, such sanctions as a fine, recovery of compensation for the actual loss of time, recovery of court costs are possible. The actions of the court are also important, contributing to the situational consolidation of the international interests of the parties, in which both parties are interested in the disclosure of certain evidence.