The Law Of Evidence In The Civil Process Of France And Russia

Abstract

The article deals with the problems of the legal nature and legislative consolidation of the norms of evidence law in France and Russia. The purpose of the research was to identify the advantages and disadvantages of legislative regulation of the rules of proof and evidence in French and Russian legislation, as well as proposals for the reception of progressive norms of French evidentiary law in the current Russian procedural legislation, taking into account the peculiarities of the Russian legal system. The main private scientific method of research is the comparative legal method, combined with General theoretical methods of research analysis and synthesis. The author of the article comes to the conclusion that it is more optimal to fix the rules of proof and proof in the evidentiary law of Russia. At the same time, the Russian theory of evidence needs radical reform. In French evidentiary law, the ranking of evidence is legally fixed, which cannot be recognized as its merit. At the same time, the legal regulation of electronic evidence has been sufficiently developed, which can be recognized as an advantage of French evidentiary law. The author concludes that in the current procedural legislation of the Russian Federation it is necessary to fix electronic evidence as an independent means of proof.