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LAW OF EVIDENCE IN ARBITRATION PROCEDURE: PROBLEMS AND FEATURES

LAW OF EVIDENCE IN ARBITRATION PROCEDURE:

PROBLEMS AND FEATURES

V.N. KOVAL,

Doctor of Legal Sciences, Head of the Department of Civil Law and Procedure,

Director of the Law Institute of the Sevastopol State University, Honored Lawyer of Ukraine,

Honored Lawyer of the Republic of Crimea

In this article, the author highlights some problematic issues arising in the process of

consideration of cases by arbitration courts in the territory of the Republic of Crimea

and the city of Sevastopol related to proving the circumstances that occurred before the

Republic of Crimea joined the Russian Federation and the formation of new subjects

of the Russian Federation. In particular, according to the author, the application by the

courts of the norms of the Arbitration Procedure Code of the Russian Federation regarding

evidentiary requirements, fully or partially drawn up in a foreign language, has a certain

peculiarity. This feature is due to the fact that at present the courts located in the territory

of the Republic of Crimea and the city of federal significance of Sevastopol are considering

disputes from legal relations that arose in the territory of these subjects before joining the

Russian Federation, in connection with which the parties submit documents produced

as evidence. In the Ukrainian language, including documents confirming the rights to

property, the emergence of a binding relationship, etc. This article also raises the question

of the juridical nature of judicial acts adopted by courts operating in the territory of the

Republic of Crimea and the city of Sevastopol until 18 March 2014, when disputes are

reviewed by arbitration courts of the Republic of Crimea and a city of federal importance

Sevastopol. The author, on the basis of the theory of evidence, analysis of judicial practice,

suggests adhering to certain legal approaches in resolving the problems highlighted in the

article, justifying them with norms of procedural law and laws adopted in connection with

the accession of the Republic of Crimea.

Keywords: evidence; proof; arbitration procedure; Sevastopol; Crimea; Russian legal field;

procedural law; translation of documents.

References

Lushchik R.V. Problemy dokazyvaniya v arbitrazhnom protsesse [Problems of Evidence

in Arbitration Procedure]. Molodoj uchenyj = Young Scholar, 2016, no. 20. (In Russian)

Mityukov M.A., Komarov V.V. (eds.). Konstitutsionnyj sudebnyj protsess: Uchebnik

dlya bakalavriata [Constitutional Litigation: Textbook for Undergraduate]. Moscow,

2017. (In Russian)

Nakhova E.A. K voprosu ob aktual’nykh problemakh dokazatel’stvennogo prava v tsivilisticheskom

protsesse [On Actual Problems of Evidence in Civil Procedure]. Leningradskij

yuridicheskij zhurnal = Leningrad Law Journal, 2016, no. 3(45). (In Russian)

Pavlenko K.A. Sobiranie dokazatel’stv: ot grazhdanskoj protsessual’noj formy k administrativnomu

sudoproizvodstvu [Collecting Evidence: From Civil Procedure to Administrative

Proceedings]. Vestnik Krasnodarskogo universiteta MVD Rossii = Herald of the Krasnodar

University of the Ministry of Internal Affairs of Russia, 2016, no. 1. (In Russian)

Vasilyev S.A. Napravleniya sovershenstvovaniya normativnogo pravovogo regulirovaniya

deyatel’nosti khozyajstvuyushchikh sub’ektov v Respublike Krym i gorode Sevastopole

[Directions for Improving the Regulatory Legal Regulation of the Activities of

Economic Subunits in the Republic of Crimea and the City of Sevastopol]. Rossijskoe

pravo online = Russian Law Online, 2018, no. 1. (In Russian)

Yarkov V.V. (ed.). Arbitrazhnyj protsess: Uchebnik [Arbitration Procedure: Textbook].

Moscow, 1998. (In Russian)

Information about the author

Koval V.N. (Sevastopol, Russia) – Doctor of Legal Sciences, Head of the Department

of Civil Law and Procedure, Director of the Law Institute of the Sevastopol State

University, Honored Lawyer of Ukraine, Honored Lawyer of the Republic of Crimea (33

Universitetskaya St., Sevastopol, 299053, Russia; e-mail: [email protected]).

Recommended citation

Koval V.N. Dokazatel’stvennoe pravo v arbitrazhnom protsesse: problemy i osobennosti

[Law of Evidence in Arbitration Procedure: Problems and Features]. Вестник граж-

данского процесса = Herald of Civil Procedure, 2019, no. 1, p. 47–58. (In Russian) DOI:

10.24031/2226-0781-2019-9-1-47-58

V.N. KOVAL