The problem of adherence to the principle of immediacy in the examination of voluminous evidence in civil proceedings

Abstract

It is examines the application of the principle of immediacy by Russian courts in the examination of voluminous evidence in civil proceedings. Based on an analysis of judicial practice and cases, it concludes that there are no clear criteria for adherence to this principle when dealing with such evidence. To address this issue, we propose adhering to the approach that the judge must independently determine the extent and manner in which they need to examine the evidence to establish the fact for which the evidence was presented and examined. If the evidence requiring examination is extensive, the judge can study it in its entirety or in part, sufficient to establish the sought fact. During the court session, the judge can then pose necessary questions to the parties and describe the process of examining the evidence in a reasoned decision to establish the presence or absence of this fact.