Раскрытие доказательств в российском гражданском процессе: проблема концептуального выбора в развитии института

Вестник Воронежского государственного университета. Серия: Право. 2025. № 2(61). С. 77–86.

Pavlova M.

The institution of evidence disclosure constitutes one of the fundamental elements of civil litigation, ensuring legal certainty and fairness in judicial proceedings. In recent years, the Russian civil procedure has undergone a series of changes and attempts at legislative improvement, including issues related to evidence disclosure. Some of these initiatives were partially implemented within the framework of the 2018 procedural reform; however, the fragmented approach to their incorporation has given rise to several challenges for lawmaking and law enforcement. This study aims to identify the key issues hindering the establishment of effective regulatory mechanisms concerning evidence disclosure in civil proceedings. The findings indicate that, to this day, the institution of evidence disclosure remains largely unregulated within the modern Russian civil process. Consequently, legislative initiatives to integrate evidence disclosure into civil procedure have not been fully implemented. In particular, the Civil Procedure Code of the Russian Federation (CPC RF) still does not explicitly regulate crucial aspects such as the subjects and objects of disclosure, its timeframe and content, the consequences of failing to provide the opposing party with materials and documents submitted to the court (including the issue of sanctions), the moment of disclosure, and its scope. Furthermore, Russian procedural law doctrine has not developed a unified conceptual approach to defining the legal nature of this institution, its objectives, tasks, and the direction of legislative development in this area, nor has it reached a consensus on the necessity of its integration into the national legal system. As a result, judicial practice is characterized by casuistic interpretations of certain procedural norms. The findings and conclusions of this study are of particular interest to legal professionals specializing in civil law and procedure.

Keywords: гражданский процесс, информация, information, civil procedure, раскрытие доказательств, судебное доказывание, стадия подготовки дела к судебному разбирательству, judicial evidence, disclosure of evidence, the stage of preparing the case for trial