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Article

Открытый перечень средств доказывания и допустимость доказательств

Закон. 2018. № 4. С. 106-112.

The constitutional rule of admissibility of evidence requires the establishment in the procedural law of an exclusive list (numerus clausus) of means of proof. This creates a system of rules, following which the court and other participants in the process are entitled to extract information from the source; the violation of such rules leads to a ban on using this evidence. Owing to the principle of spontaneity having the constitutional basis «other documents and materials» from which the court can't independently isolate information can't act as an independent evidentiary fact. The availability of a non-exclusive list of means of proof, and the list of means of evidence makes open the presence in it of «other documents and materials», by which you can mean anything, allows the participants in the process to submit to the court any data that destroys the system of admissibility of evidence.