Evidence Rules in Russian Courts

In Russian courts, a fact is proved only by evidence of a type listed in the procedural codes and obtained lawfully. Each party must prove the circumstances it relies on, and the judge assesses all evidence together. Civil cases follow the Civil Procedure Code, commercial cases the Arbitrazh Procedure Code and criminal cases the Criminal Procedure Code.

There is no pre-trial discovery on the American model. A party gathers its own proof or asks the court to request documents from the other side or from third parties.

Forms of Evidence the Codes Accept

The Civil Procedure Code lists the accepted forms: explanations of the parties and third parties, witness testimony, written evidence, physical evidence, audio and video recordings and expert opinions. The arbitrazh and criminal codes use similar lists adapted to their procedure.

Written documents dominate commercial litigation. Some facts can only be proved in writing: if a transaction required a written form, witness testimony cannot be used to confirm its terms.

Relevance and Admissibility

The court accepts only relevant evidence, meaning evidence connected to the facts in dispute. It must also be admissible: where the law requires a particular form of proof, no other form will do.

Evidence obtained in violation of the law has no legal force. In criminal cases this rule is strict: testimony given without defence counsel and later retracted, or items seized during an unlawful search, must be excluded.

Expert Examination

When a question needs special knowledge, the court orders a forensic examination. Each party may propose questions and suggest an expert institution, but the court makes the final choice. The expert is warned of criminal liability for a knowingly false conclusion.

A party can challenge the result by requesting an additional or repeat examination, or by submitting a review from another specialist. A private report commissioned by one side is usually treated as written evidence and carries less weight.

Who Must Prove What

The general rule is simple: whoever asserts a fact proves it. Some facts need no proof, including those widely known and those already established by a court decision in an earlier case involving the same persons.

In certain disputes the burden shifts. A consumer does not need to prove the seller's fault, and in claims for damages the defendant must show that it was not at fault. In criminal cases the presumption of innocence puts the entire burden on the prosecution.

Electronic Evidence

Messenger chats, emails and website pages are now common evidence. The opposing party may dispute a simple screenshot. To make electronic material reliable, it is often secured by a notary, who inspects the webpage or phone and records the content in a protocol.

The court looks at whether the account belongs to the person, whether the correspondence is complete and whether the content matches other evidence.

How the Judge Weighs the Whole Record

No evidence has predetermined force for the court. The judge compares all materials and must explain in the decision why some were accepted and others rejected.

Unexplained rejection of key evidence is a common ground for appeal.

Preparing Evidence from Abroad

Documents issued in the United States need an apostille and a certified Russian translation before a Russian court will accept them. Witnesses can sometimes be heard by videoconference, and notarial protocols can be arranged through a representative.

Attorney Elena Petrova helps clients in California decide which evidence is needed, how to obtain it and in what form to submit it.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.