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Problem of implementation of the principle of “equality of arms” in the Russian civil procedure
Abstract.This article discusses the topic of ensuring the European standards in delivering justice in the Russian civil procedure due to proclamation in practice of the European Court of Human Rights of the requirement of the “equality of arms” of procedural opponents that are an intrinsic element of the fair trial. The indicated problematic gains special relevant for the post-Soviet Russia in light of the attempts made by a legislator over the two recent decades aimed at enhancing competitiveness of the framework in the civil and arbitration proceedings. The author analyzes the rules on disclosure of evidence (Chapters 3 and 4 of the Article 65 of the Arbitration Procedure Code of the Russian Federation) and “implied recognition” (Chapter 3.1 of the Article 70 of the Arbitration Procedure Code of the Russian Federation). A conclusion is made that the specified institutions demonstrate the unsuccessful attempt of a legislator on strengthening the private-legal fundamentals in arbitration procedure in the spirit of European standards of delivering justice. The scientific novelty lies in the assessment of the fundamental procedural institutions through the prism of the international legal standards.
Keywords: legal equality, adversarial system, European standards, standard of law, implied recognition, discovery of evidence, arbitral proceeding, principle, evidence, foreign practices
Article was received:03-06-2018
This article written in Russian. You can find full text of article in Russian here .