Falsification of evidence as a form of manifestation of lies in civil and arbitration proceedings
Year: 2024
Type: article
Abstract: The article considers the problem of falsification of evidence in civil and arbitration proceedings. Along with false information about the facts of the dispute, presented to the court by the parties and third parties in their explanations, intentional distortion of the circumstances of the case may also manifest itself in the form of falsification of evidence. The work substantiates the need to include both material and intellectual forgery in the concept of falsification of evidence. The emphasis on both methods of forgery is due to the standpoint of the Supreme Court of the Russian Federation, which declares that only material forgery constitutes falsification, which seems to be an erroneous approach. Procedural response measures are also proposed in relation to persons who submit false evidence. Particular emphasis is placed on the need for an appropriate procedural response to the facts of “complicity” in falsification by representatives of persons participating in the case, up to and including the application of procedural sanctions to them and disciplinary measures against barristers.
DOI: 10.17816/rjls642089
Author: Olga A. Sukhorukova
Institution: Voronezh State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4406779689