The procedure for demanding and providing evidence in civil proceedings is enshrined in Article 57 of the Code of Civil Procedure of the Russian Federation. In the current version of the norm, it is established that the information necessary for the consideration of the dispute is submitted by the parties and other persons participating in the proceedings. In this case, the court is vested with the right to invite the subjects to provide additional evidence in the case. Let us further consider the features of the application of Article 57 of the Code of Civil Procedure of the Russian Federation.
Current edition of the norm: contents
If the parties have difficulty in providing evidence, the judge at their request assists in the collection and collection of necessary information. This is stated in Part 1 of Art. 57 Code of Civil Procedure of the Russian Federation.
In the application, the person concerned indicates specific evidence and circumstances that may be refuted or confirmed by him. In addition, according to Part 2 of Art. 57 Code of Civil Procedure of the Russian Federation, the applicant must describe the reasons why he can not provide relevant information, the location of the requested information.
Upon the satisfaction of the application, the party shall be issued a request for evidence. With its help, a production participant directly seeks the necessary information. The subject who has the evidence has the right to transfer it personally to the applicant or to send it to the court.
Punishment
Art. 56, 57 Code of Civil Procedure of the Russian Federation are applied in practice together. The first norm establishes the obligation of the parties to prove the circumstances to which they refer when presenting claims and objections, unless otherwise provided by law. Moreover, the assessment of the materiality of the information for the proceedings is the prerogative of the court.
Citizens, officials who can not provide the required evidence (in a timely manner or in general) are required to notify the court about this. On the notice, according to 3 parts of Art. 57 Code of Civil Procedure of the Russian Federation, 5 days are allotted.
If the court is not notified in a timely manner or the requirements for evidence are not fulfilled for reasons deemed disrespectful, fines are imposed on the guilty entities. For citizens, the size of the penalty is up to 500 p., For officials - up to 1 thousand p.
At the same time, the imposition of a fine does not exempt the subjects from the obligation to provide the evidence that they have with the court.
Art. 57 Code of Civil Procedure of the Russian Federation with comments
The participants in the process and other persons may submit to the court any evidence related to the case and confirming the arguments and objections.
In practice, for various reasons, it is far from always possible for interested persons to present certain information that is essential for the proceedings. In such situations, the court has the right to invite the parties to present additional evidence. It should be specially noted that Art. 57 Code of Civil Procedure of the Russian Federation establishes precisely the right, and not the obligation of the court. He can only invite the parties to provide additional information, but not obligate them to provide them without fail.
Procedural Issues
Based on the provisions of paragraphs 2-4 of Article 232.3 of the Code of Civil Procedure, in the ruling on the adoption of the claim for proceedings, the court indicates that the dispute is adjudicated in a simplified manner or proceeds to the consideration of the case in this form and determines the time period for the parties to present objections and evidence to the court and each other. This period must be at least 15 days from the date of the relevant decision. At the same time, the law allows inclusion in the definition of a proposal for the settlement of the dispute by the parties independently and an indication of the possibility of reconciliation.
Sanctions Features
The collection of information is an activity not only of the parties to the dispute, but also of the court. It is carried out from the stage of acceptance of the claim to production until the completion of the proceedings on the merits of the dispute.
In Art. 57 Code of Civil Procedure of the Russian Federation provides for the power of the court to impose a fine on persons who did not fulfill the request for evidence. The sanction may apply to entities that are not parties to the process. However, the imposition of a fine, according to Article. 57 Code of Civil Procedure of the Russian Federation, does not exempt persons from the obligation to submit information to the court.
On the basis of Part 2 of Article 13 of the Code, decisions, orders, instructions, requirements, appeals and challenges of the court are mandatory for all bodies of state power, local self-government, officials, public organizations and citizens. They must be executed throughout the Russian Federation.
Specificity of evidence
According to the explanations given in paragraphs 10-12 of the Resolution of the Plenum of the Armed Forces No. 11 of 2008 and based on the meaning of Articles 4, 45-47, 56 and 57 of the Code of Civil Procedure, the obligation to provide information confirming / refuting claims and objections is assigned to the participants in the proceedings, third parties claiming independent claims, the prosecutor, organizations, bodies and citizens who filed an application to protect the rights of other entities.
In cases involving the establishment of legal facts considered in the framework of a special proceeding, applicants must prove the impossibility of obtaining the necessary documents or restore the lost acts. As part of such processes, the law does not exclude the possibility of a court claiming the necessary information on its own initiative.
Additional evidence
A proposal to provide them shall be expressed by the court if it is established that the documents available in the case file do not sufficiently confirm the claim of the plaintiff or the defendant's objection. If the submission of additional evidence is difficult for participants in the process, at their request, the authority assists in the collection and collection of materials. The request of interested persons must meet the requirements enshrined in Part 2 of Art. 57 Code of Civil Procedure of the Russian Federation.
The duty of the court, therefore, is to determine what evidence can refute or confirm the facts considered during the proceedings.
Important point
When sending a statement of claim to the court, the plaintiff must attach evidence of his position. The presence of documents confirming the violation of rights will significantly accelerate the proceedings.
It should be remembered that evidence presented to the court should also be sent to the defendant, if he has no relevant materials.
Lawyers recommend retaining documents related to transactions and other legal relations, even if they are based on an agreement.
In the text of the claim, the applicant can refer only to facts that he can prove.
Conclusion
In any dispute, special consideration must be given to the evidence process. The outcome of the case depends on the completeness and reliability of the information provided by the parties.
Of course, in practice, different situations may arise, including those in which participants in the process for objective reasons will not be able to provide the necessary information. In such situations, the court should come to the aid of the parties.
The legislation establishes the right of the court to invite the parties to the dispute to provide additional evidence by sending a special request to entities that have the necessary materials. Persons holding the necessary evidence are required to fulfill the request. Violation of the requirements of the court, evasion of its implementation is regarded as an obstacle to justice and, therefore, infringement of the constitutional rights of the parties to the dispute. For these actions, monetary penalties are charged to the guilty entities.