Evidence During Consideration by the Court of the Eurasian Economic Union of Cases in the Field of Customs Legal Relations

Abstract

The process of proving is a key stage in the judicial dispute resolution. The case law of international courts and legal doctrine demonstrate a shift in the approach towards proving in comparison to the national judicial procedure, which is due to the existence of interstate disputes and the lessening of the role of evidence in their resolution. By contrast, proceedings in integration courts, initiated in a significant number of cases by individuals, increase the relevance of the proving process. Using cases in the field of customs relations as an example the author analyses the case law of the Eurasian Economic Union Court with regard to the subject and burden of proof as well as what information may be viewed as evidence. The analysis conducted shows that the classical onus probandi actori incumbit remains the general principle of proving. Nevertheless the are reasons to believe that the Eurasian Economic Union Court’s case law could follow the path of protecting economic entities as the “weaker” party and develop an apporach on the duty of the Eurasian Economic Commission to prove that its decision, action (failure to act) is legal.