Herald of Civil Procedure

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Head of the Legal Department of the PJSC “Nizhnekamskneftekhim”,
Member of Association for Better Living and Education (ABLE)

DOI: 10.24031/2226-0781-2019-9-5-230-262

It is not a rare fact that one side in a case lies or hides proofs in practice. We have only
general norm that trial participants should use their procedural duties in good faith.
German scholars of civil procedure justified the right to lie in the proceedings as “no one
is obligated to arm the enemy against himself ”. However, in the end, Kant’s categorical
imperative was reflected in the Civil Procedure Code of Germany. There was no obligation
to be truthful for a side in Russian civil procedure. But trust to court system which accepts
lying decreases in the society. As a result, the courts lose their legitimacy. The entry into
force of a decision based on lies creates a new dispute. In practice, today it is even the
norm when one of the parties, right during the court session, “pulls new evidence out of his
pocket” for the effect of the surprise of the other side, hiding evidence is normal practice.
And if the decision is based on false evidence, and the court does not accept the previously
hidden ones as new, it turns out that a review of the case will not be possible. Therefore,
while the courts can lie, the courts will be overloaded.

Keywords: lying; civil procedure; substantial law; consequences; trial; court proceedings.


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Information about the author

Sultanov A.R. (Nizhnekamsk, Russia) – Head of the Legal Department of the
PJSC “Nizhnekamskneftekhim”, Member of Association for Better Living and Education
(ABLE) (PJSC “Nizhnekamskneftekhim”, Nizhnekamsk, 423574, Russia; e-mail:

Recommended citation

Sultanov A.R. Consequences of Lying in Procedural and Substantive Law. Herald of
Civil Procedure, 2019, vol. 9, no. 5, p. 230–262. (In Russian) https://doi.org/10.24031/2226-

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