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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: f09.ireshetnikova@arbitr.ru).

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