Herald of Civil Procedure
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Commentary on the Civil Procedure Code of the Russian Federation (continuation)

P.V. Krasheninnikov,
Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, 
Criminal, Commercial («Arbitrazh») and Procedural Legislation, Honoured Lawyer of the Russian Federation, 
Doctor of Legal Sciences

O.A. Ruzakova,
Deputy Chief of Staff Committee of the State Duma of the Federal Assembly 
of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») 
and Procedural Legislation, Doctor of Legal Sciences 


In this comment section it is about normative consolidation of proof in civil proceedings. Evidence used to establish the facts of the case. In the literature by evidence is traditionally understood information about the facts, as well as the means by which this information can be obtained. The court may base its decision on the information about the facts that are proven in court. Failure to prove the circumstances on the basis of which the court makes a decision, may be the basis for the refusal of decision by a higher court. All extraprocedural information and messages about the facts can not be used in court. Evidence obtained in violation of the law, for example, evidence obtained under the influence of threat, violence, can not be used by the court. It is important to note that the court has not only the right, but must determine which facts are relevant to the case, which party must prove. Otherwise, a court ruling may be vacated as issued in violation of procedural rules. 

Keywords: Code of Civil Procedure of the Russian Federation; civil procedure; comments of legislation; evidence; proof.


References
 
  Spravochnik po dokazyvaniyu v grazhdanskom sudoproizvodstve [Handbook of Proof in Civil Proceedings] (in Russian) / Ed. by I.V. Reshetnikova. M., 2002. P. 13–14. 

Information about the authors

  Krasheninnikov P.V. (Moscow) – Chairman of the Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation, Honoured Lawyer of the Russian Federation, Doctor of Legal Sciences (109012, Moscow, Okhotny Ryad st., 1; e-mail: stateduma@ duma.gov.ru). 

  Ruzakova O.A. (Moscow) – Deputy Chief of Staff Committee of the State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal, Commercial («Arbitrazh») and Procedural Legislation, Doctor of Legal Sciences (109012, Moscow, Okhotny Ryad st., 1; e-mail: stateduma@duma.gov.ru).

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P.V. Krasheninnikov, O.A. Ruzakova