Art. 55 Code of Civil Procedure of the Russian Federation with comments

According to Art. 55 Code of Civil Procedure of the Russian Federation, evidence - information about the facts, on the basis of which the court determines the absence / presence of circumstances confirming the claims and objections of the parties to the dispute, and other information relevant to the proper proceedings and the adoption of a legitimate and reasonable decision. The specified data must be obtained in accordance with the rules provided by law. Consider further Art. 55 Code of Civil Procedure of the Russian Federation with comments 2016

Ways to get information

Information referred to in Part 1 of Art. 55 Code of Civil Procedure of the Russian Federation , may be contained in:

1. Explanations of the parties to the dispute and third parties.
2. Witness testimony.
3. Audio, video recordings.
4. Expert opinions.

The necessary information is also obtained in the study of documents, objects and other materials relevant to the case. Witness testimonies, explanations of parties to the conflict and third parties may be provided using video conferencing systems in accordance with the rules set forth in Article 155.1. Information obtained in violation of the prescribed requirements is considered to be null and void. It cannot be used in making a decision. This rule also applies to materials that really confirm certain facts.

Art. 55 Code of Civil Procedure of the Russian Federation with comments

In the first part of the norm there is a general definition of information containing facts important for the production. It is their court that uses it in the proceedings, establishing the validity of claims and objections, and making a decision. Generic concept in Art. 55 Code of Civil Procedure of the Russian Federation are "information about the facts" and not "factual information", as it was in the previous Code. This indicates a change in the legislator's approach to the interpretation of the term.

Establishment of circumstances

In accordance with the information on the facts, the authorized body determines whether the claims and objections of the parties to the dispute are justified. Relevant facts are indicated by the plaintiff in the claims, the defendant in the applications, as well as third parties in the petitions. All these circumstances have a substantive character. In addition to claims and objections, the court reveals other facts that are relevant to the proceedings. They include information of a procedural nature, evidence. The latter shall be deemed to be such data which, while not being sought, allows one or another circumstance to be established. Due to the fact that for their certification it is necessary to confirm directly the evidence, they are called intermediate.

Nuances

All circumstances of the production form the subject of proof. The Code does not have a clear definition of this concept. However, it is quite widespread in civil proceedings. The subject of evidence is formed by facts, the establishment of which will determine the resolution of the dispute on the merits. When analyzing this definition, attention should be paid to the inconsistency of the use of terms in the norms of the Code.

So, in the first paragraph of Art. 55 Code of Civil Procedure of the Russian Federation, the concept is interpreted as information about the facts, the following provisions already refer to means of confirming the circumstances. In particular, material, written evidence is indicated. Legal publications use an approach in which evidence is seen as a unity of form and content. However, in this article, the concept is given a double meaning.

In Art. 60 when determining the concept of admissibility of evidence, it is indicated that circumstances that are subject to confirmation by certain information cannot be verified by other facts. In the same meaning, the term is used in other norms.

Sources

Art. 55 Code of Civil Procedure records their specific list. In the framework of civil proceedings, the list of sources is considered to be exhaustive. Meanwhile, in a systematic analysis of the Codex standards, it seems that the list in the article should be interpreted in an expanded manner. Accordingly, to the sources indicated by Art. 55 of the Code of Civil Procedure , should also be attached to those indicated by other provisions of the law.

Normative base

The legislation on other sources says different provisions. In particular:

1. Under Article 9 of the Code, entities participating in the proceedings and not knowing the language in which the case is being examined, are explained and provided the opportunity to give explanations, conclusions, submit petitions and complaints in their native or any other communication language chosen at their discretion. In addition, individuals can use the services of an interpreter.
2. The participants in the proceedings have the opportunity to give explanations both in writing and orally. This provision is enshrined in Article 35 of the Code.
   
3. If the persons who participate in the proceedings, experts or witnesses who have testified, explained, and concluded by the court executing the court order, appear at the meeting, they provide information known to them according to the general rules.
4. When considering a dispute, evidence must be examined directly. In particular, the court must hear explanations, testimonies, explanations, conclusions, consultations, as well as examine documents, examine objects, listen to audio recordings, and watch video materials.
5. If the participants in the proceedings do not insist on repeating the previously provided information, the composition of the officials in the meeting remains the same, the parties and third parties have the right to confirm the information without repetition, supplement it, and ask questions. This provision is found in Article 169 of the Code.
6. After the report, the explanations of the applicant and a third party speaking on his side are heard, then the defendant and the relevant entity. After that, the rest perform. The prosecutor, employees of state bodies, structures of municipal administration, citizens, organizations that have applied for the protection of the interests of other persons, are the first to give explanations.
7. The subject, called as a specialist, must appear at the meeting, answer questions, give explanations and consultations orally or in writing, provide the court with the necessary technical assistance.

Representative participation

When considering the case materials, the court is guided by Article 55, 56 Code of Civil Procedure of the Russian Federation. The last norm establishes that each party must provide information justifying the facts they cited. Article 48 of the Code enshrines the right of individuals to conduct business in person or with the assistance of a representative. The latter also provides explanations which contain certain data on the circumstances to be established. In case of participation in the proceedings of the organization, the right to carry out procedural actions on its behalf rests with the representative. The explanations received should act as evidence. This is due to the following:

1. A representative may commit on behalf of the principal all procedural acts, including the giving of explanations. The Code does not provide for special delegation of appropriate authority.
2. After providing the opinion by the prosecutor, representatives of the territorial and state authorities, the court is obliged to find out from other persons whether they have a desire to speak (Article 189).
3. The minutes of the meeting, among other things, shall indicate motions, statements, explanations of the persons participating in the consideration, as well as their representatives (Article 229).

Possible difficulties

If the explanations of the representatives are not regarded as a means of proof, the fundamental principles of legal proceedings will be violated. First of all, it is equality, legality, competition. Is it possible to clarify the position of the defendant and to hear his explanations if the information received from his representative is not recognized as a means of proof? A similar question arises with the participation of a person speaking on behalf of fully or partially disabled citizens. The consequence of the negative answer will be the fact that the court will be deprived of the right to state the position of these participants in its decision, since they do not have the opportunity to express their thoughts independently.

The validity of information

The legality of the information received is said in the second part of Art. 55 GIC . The law expressly prohibits the use of illegally obtained information when considering disputes. It should be noted that the provisions of Article 55 GIC develop the principle enshrined in Article 50 of the Constitution. Information about the circumstances can be taken into consideration only if they are received according to the rules established in the norms. Otherwise, it loses its legal significance. Such information should not be used in making a decision, since judicial orders are required to be lawful and justified.