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NEW EVIDENCE IN APPEALS

NEW EVIDENCE IN APPEALS

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: [email protected]).

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

I.N. SMOLENSKY