Disclosure of evidence in Russian civil proceedings: the problem of conceptual choice in the development of the institution

Abstract

The institution of evidence disclosure constitutes one of the fundamental elements of civil litigation, ensuring legal certainty and fairness in judicial proceedings. In recent years, the Russian civil procedure has undergone a series of changes and attempts at legislative improvement, including issues related to evidence disclosure. Some of these initiatives were partially implemented within the framework of the 2018 procedural reform; however, the fragmented approach to their incorporation has given rise to several challenges for lawmaking and law enforcement. This study aims to identify the key issues hindering the establishment of effective regulatory mechanisms concerning evidence disclosure in civil proceedings. The findings indicate that, to this day, the institution of evidence disclosure remains largely unregulated within the modern Russian civil process. Consequently, legislative initiatives to integrate evidence disclosure into civil procedure have not been fully implemented. The findings and conclusions of this study are of particular interest to legal professionals specializing in civil law and procedure.