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ADMISSIBILITY OF EVIDENCE AND JUDICIAL ACTIVISM IN THE MODERN PROCESS OF EVIDENCE

I.V. RESHETNIKOVA,

Doctor of Legal Sciences, Professor,

Chairman of the Arbitration Court of the Ural District,

Honored Lawyer of the Russian Federation

In 1988 I was lucky to attend advanced training (4 months) at the department of civil

procedure of the Lomonosov Moscow State University, which was headed by Mikhail

Konstantinovich Treushnikov, an amazing man: a talented scholar, a former judge,

intelligent, calm, who managed to preserve the Volga language and himself as he was –

a Person and a Teacher for many generations of lawyers, among which not only Moscow

State University graduates. Being already a teacher, I listened to his lectures with pleasure

together with my students, and I truly enjoyed the content and the manner in which the

material was presented. By the way, I used some examples later in my lectures, they were

so colorful and multifaceted. Three decades later I found myself again at the department

of civil procedure of Moscow State University, when I was congratulating a successfully

defended scholar: the same atmosphere of intelligent staff, kind and very talented scientists,

headed by the timeless Mikhail Konstantinovich. Mikhail Konstantinovich’s contribution to

procedural science and to the development of procedure law is invaluable. It so happened

that in scientific terms I joined a large number of proceduralists working on questions

of evidence. And I have always learned from our great Scientist and Person, Mikhail

Konstantinovich Treushnikov. Mikhail Konstantinovich was also a talented teacher and

organizer. Textbooks, commentaries, practical works of the department are invariably

interesting and executed at the highest level. There are already several generations of

talented and successful scholars in the department of civil procedure, who themselves

became teachers for the next generations – to open the way to the development and success

of young people is also a talent of the Head and the Scientist.

Keywords: evidence; proof; merits of the case; doctrine; Mikhail Konstantinovich

Treushnikov.

References

Treushnikov M.K. Sudebnye dokazatel’stva [Forensic Evidence]. 5th ed. Moscow:

Gorodets, 2021. 304 p. (In Russ.)

Treushnikov M.K. Tvorcheskie poiski v nauke grazhdanskogo protsessual’nogo prava

[Creative Pursuits in the Science of Civil Procedure Law]. Moscow: Gorodets, 2020. 320 p.

(In Russ.)

Tsaregorodtseva E.A. K voprosu o poriadke rassmotreniia del o priznanii informatsii

zapreshchennoi k rasprostraneniiu na territorii Rossiiskoi Federatsii [On the Procedure

of Consideration of Cases of Recognizing Information Prohibited for Dissemination

on the Territory of the Russian Federation]. Administrativnoe pravo i protsess – Administrative

Law and Procedure, 2020, no. 1, pp. 62–65. (In Russ.)

Tsaregorodtseva E.A. Vozbuzhdenie dela o priznanii informatsii zapreshchennoi

k rasprostraneniiu na territorii Rossiiskoi Federatsii [Initiating a Case on Recognition

of Information Prohibited for Dissemination on the Territory of the Russian Federation].

Sud’ia – Judge, 2020, no. 10(118), pp. 24–28. (In Russ.)

Information about the author

I.V. Reshetnikova (Yekaterinburg, Russia) – Doctor of Legal Sciences, Professor,

Chairman of the Arbitration Court of the Ural District, Honored Lawyer of the

Russian Federation (32 Lenina St., Yekaterinburg, 620075, Russia; e-mail: [email protected]).

Recommended citation

Reshetnikova I.V. Dopustimost’ dokazatel’stv i aktivnost’ suda v sovremennom protsesse

dokazyvaniia [Admissibility of Evidence and Judicial Activism in the Modern Process of

Evidence]. Vestnik grazhdanskogo protsessa – Herald of Civil Procedure, 2021, vol. 11, no. 5,

pp. 49–60. (In Russ.) https://doi.org/10.24031/2226-0781-2021-11-5-49-60

I.V. RESHETNIKOVA

We in a citing index:

ADMISSIBILITY OF EVIDENCE AND JUDICIAL ACTIVISM IN THE MODERN PROCESS OF EVIDENCE

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