Поддельные судебные доказательства

Abstract

The article analyzes forged judicial evidence in civil and arbitration proceedings. The procedural possibility of filing by persons participating in the case of an application for forgery or falsification of evidence is analyzed. The role of forensic truth in the case, the institution of judicial discretion and the consequences of identifying fake evidence are considered. The author proposes to unify the single concept of "fake evidence" for civil and arbitration proceedings. The prerequisites for the growth of fake evidence, according to the author, are a combination of interrelated factors: scientific and technological progress, unregulated Internet, an increase in the level of education, unification of processes, the lack of clear powers of the court to combat fake evidence, insufficient participation of law enforcement agencies and experts in verifying evidence, and others. . At the end of the article, the concepts of fake evidence, initiative and preventive powers of a judge are formulated, a proposal is made to improve the norms of the civil and arbitration process in order to reduce the number of fake evidence.