Несоблюдение требований к порядку раскрытия доказательств: правовая квалификация процессуальных последствий

Арбитражный и гражданский процесс. 2025. № 11. С. 25–29.

Pavlova M.

Legal norms about disclosure of evidence were first introduced in the sphere of arbitration proceedings in 2002, later this institution was consolidated in civil and administrative proceedings. But there is still no detailed regulation of disclosure actions, in particular there's uncertainty about procedural consequences which occur as a result of late disclosure and may lead to a delay in the process and additional costs for the parties. In the doctrine these consequences are usually called sanctions which shouldn't affect the equality of opportunity of the parties to prove their position in court and interfere with fair trial as well. 

Keywords: санкции, sanctions, раскрытие доказательств, disclosure of evidence, abuse of procedural right, court assistance, procedural equality, содейстие суда, процессуальное равноправие