Ershova, N.V. Legal consequences for the claim for recognizing falsified (counterfeited) evidence in civil judicial proceedings

Abstract: The article contains comparative legal analysis of the legislative regulations in the Civil Procedural Code and the Arbitration Procedural Code of the Russian Federation of the issues regarding the legal consequences of the claim for recognizing some evidence as being counterfeited (falcified). The author substantiates the conclusion on the need to explain the criminal law consequences both in the arbitration and civil proceedings, when such a claim arises. The author also resolves the issue on to whom ( to a party in a case or his representative) the consequences for the deliberately fraudulent claims and falcification of evidence in a civil case. The author offers to exclude the norm of Art. 161 of the Arbitration Procedural Code of the Russian Federation, according to which the challenged evidence may be excluded from the list of evidence upon the agreement of the party providing such evidence, since falcification of evidence is a crime with formal elements. The author studies the problems of interaction between the arbitration courts and law-enforcement bodies, when the elements of a crime are revealed, and proposes the ways to overcome the problems.

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