Herald of Civil Procedure
EN
main-photo

We in a citing index:

NEW EVIDENCE IN APPEALS

JUDICIAL AUTHORITY AND PRACTICE


I.N. SMOLENSKY

I.N. SMOLENSKY,
Judge of the Arbitration Court of the Volga District

the course of appeal proceedings in an arbitration court. Additional evidence is accepted
by the court only if the applicant justifies the impossibility of submitting them to the court
of first instance for reasons beyond his control. However, additional evidence may also
not be accepted by the appellate court. The author analyzes two criteria established by
the legislator to assess the admissibility of additional evidence in the appeal; approaches
to the application of the provisions of the articles of the Arbitration Procedure Code of the
Russian Federation and criticism of such approaches; cites examples from the doctrine
of procedural law, which highlights the circumstances that are the basis for assessing the
valid reasons for the failure to submit evidence to the court of first instance; and gives
explanations of the Eighteenth Arbitration Court of Appeal, the Constitutional Court of
the Russian Federation and the Judicial Chamber on Economic Disputes of the Supreme
Court of the Russian Federation. The author justifies the need to secure in the procedural
law of the general rule on the inadmissibility of submitting to the court of appeal additional
evidence, except in special cases.

Keywords: proof; evidence; appeal; civil procedure; arbitration procedure.

Information about the author

Smolensky I.N. (Kazan, Russia) – Judge of the Arbitration Court of the Volga District
(20 Krasnoselskaya St., Kazan, 420066, Russia; e-mail: info@faspo.arbitr.ru).

Recommended citation

Smolensky I.N. Novye dokazatel’stva v apellyatsionnoj instantsii [New Evidence in
Appeals]. Вестник гражданского процесса = Herald of Civil Procedure, 2019, no. 1,
p. 457–464. (In Russian) DOI: 10.24031/2226-0781-2019-9-1-457-464

 el_.png   it_.png   book.png

Keywords