Publicly knows facts as circumstances of a civil case not subject to proof in the practice of Russian courts

Abstract

The article addresses the question of the application by Russian courts of paragraph one of Article 61 of the Civil Procedure Code of the Russian Federation and paragraph one of Article 69 Code of Arbitration Procedure of the Russian Federation. Based on an analysis of a wide jurisprudence and case studies, it is concluded that the lack of clear criteria for common knowledge leads to arbitrary interpretation by the courts of this category, which in some cases may lead to violation of procedural rights of parties and making an unreasoned judgement.