Art. 57 GIC RF. Presentation and recovery of evidence
Civil Procedure Code of the Russian Federationfixes the obligation of the participants in the proceedings to submit materials confirming their position. This prescription is aimed at the implementation of the principles of equality and competitiveness of the parties. Consider next howevidence submission and recovery.
In Part 1 of Art. 57 Code of Civil Procedure of the Russian Federation establishes that the parties and other persons participating in the proceedings, submit materials confirming their position. The court may invite them to disclose additional information relevant to the case. If the presentation of the necessary materials for these persons is difficult, the authorized body shall assist them in collecting and requesting it. For this, the interested parties draw up a petition.
Features of the application
According toPart 2 of Art. 57 Code of Civil Procedure of the Russian Federation,the petition must specify which materials should be requested, as well as the circumstances that can be refuted or confirmed by them.In addition, the statement provides the reasons why the subject does not have the opportunity to receive them independently. The petition must indicate the place where the relevant materials are located. The application can be submitted both at the stage of filing a claim, and in the process of preparing the case, and during the proceedings themselves. In addition, it is allowed to apply for a request for evidence and when revising the decision, which has not entered into force, in the appellate instance.
Authorized body, in accordance with the second partst. 57 Code of Civil Procedure of the Russian Federation, must issue the applicant a request for the necessary materials. The court also has the right to independently send a request for the release of information to the address indicated by the interested party. The person who has the requested materials must send it to the instance considering the case, or hand it over to the entity that submitted the request.
Citizens, employees who are not able to submit the requested materials in general or within a period specified by a judicial authority, are obliged to notify the latter within 5 days from the date of receipt of the relevant request.In this case, the notification indicates the reasons for the incident. Such a requirement establishes point three.st. 57 Code of Civil Procedure of the Russian Federation. If the notice is not sent to the court, the perpetrators who are not directly involved in the proceedings shall be subject to a fine. Citizens are charged up to 500 rubles, officials - up to 1 thousand rubles. At the same time, the application of this sanction does not relieve the relevant entities with the necessary materials from the obligation to submit them to the court.
Art. 57 Code of Civil Procedure of the Russian Federation with comments
In accordance with the principles of equality and adversarial proceedings, the obligation to present materials confirming the position in court is placed on the parties to the proceedings and other participants in the proceedings. It is these individuals who, more than anyone else, are interested in proving the circumstances and facts to which they refer in their statements. In adversarial proceedings, the court acts as an independent arbitrator. Respectively,Civil Procedure Code of the Russian Federationempowers the body to act on its own initiative to carry out actions aimed at collecting or requesting the necessary materials only in certain cases.
If the presentation of materials for interested participants in the production is difficult,st. 57 Code of Civil Procedure of the Russian Federationinstructs the court to assist in this. However, in order for the authorized authority to perform the necessary actions, the subjects must draw up a petition. At the same time, interested persons should prove to the court that they tried to independently obtain information and provide it, but due to circumstances independent of them, they could not do this. For example, an employee of the enterprise, acting as a plaintiff, appealed to the employer-respondent with a statement about providing a copy of the disputed local acts. However, the employer refused him or simply did not respond to the request.
In Plenary Resolution No. 8 dated 10/31/1995, the Supreme Court specifies that the instance considering the case, on the basis of the petition of the parties, takes measures to obtain the necessary evidence, without which a full proceeding of the dispute is impossible, if necessary, taking into account age, health condition and other circumstances preventing participants from doing so themselves.
Guided by article 56 (clause two), the court, at its discretion, determines which circumstances should be confirmed during the proceedings, which party should prove them. The authorized body shall submit the facts for discussion, even if the persons did not refer to any of them. In determining the circumstances of the dispute to be confirmed, the court has the right to invite participants to present additional information.
The specifics of the initiative
Art. 57 Code of Civil Procedure of the Russian Federation does not speak about the right of the court itself at its own discretion to send requests for obtaining the materials necessary for a comprehensive trial. Meanwhile, a systematic logical analysis of the norms suggests that the instance still has a corresponding opportunity. This, in particular, is indicated by article 96 (part two). The standard provides that the appointment of examinations, the call of witnesses, the invitation of specialists and other actions involving payment are initiated by the court. At the same time, the corresponding costs are reimbursed from the federal budget. In addition, Article 249 (Part Two) for disputes arising from public relations defines the court’s right to request materials relevant to the proceedings on its own initiative.
Content of the petition
It is mentioned in part two.st. 57 GIC RF.The court must understand what the applicant is asking for. An indication of the circumstances that can be confirmed by the requested materials is necessary to assess their materiality. In addition, the court needs to know exactly where to send the request for recovery. Based on the results of the consideration of the petition, a decision is made on whether or not to accept it. Such rulings cannot be challenged. If the applicant does not agree with the definition, he can express his opinion in a complaint about the decision made on the case to a higher authority.
If the petition is approved, the court draws up a document that is handed to the person concerned or sent to that body or institution that has the required evidence. The request can be addressed to any citizen, official, organization, regardless of its organizational and legal status, departmental affiliation, address, and also involvement in the dispute.
As stated above, the court may send a request to any person.However, the possibility of applying measures of responsibility for the failure to submit materials will depend on the involvement in the dispute. In the request, the court must establish a period in which the addressee must submit the materials to the court or hand them over to the applicant. If it is impossible to execute the order, the person who is not participating in the dispute, but who has evidence, is obliged to notify the authority in which the matter is heard. When evading this duty, the court may impose a penalty.