Possibility of participation of a specialist in providing evidence

Abstract

The paper is based on the analysis of the current civil procedural legislation of Russia, demonstrating different approaches of the legislator to the procedure of providing evidence, and France, whose experience is interesting from the point of view of further formation and development of the domestic model of pre-trial (preliminary) and extrajudicial evidence, and judicial practice. The possibility of a specialist to participate in the provision of evidence (using specialized knowledge), including de lege ferenda as an independent way for providing evidence (within the respective pre-trial procedure), of provision of expert advice as an independent means of evidence (in the case of compulsory participation of a specialist when viewing the electronic notary sources, carried out in order to provide evidence). In addition, the author, based on an analysis of the current provisions of the Civil Procedural Code of the Russian Federation and the fundamentals of Notary Law, concludes that a specialist can participate in a notary’s exercise in order to provide evidence of the following actions: inspection of written or material evidence, as well as the appointment of expertise (to fill the lack of special knowledge required by the notary when forming issues to be resolved by an expert or experts). There is a proposal to supplement the Arbitration Procedure Code of the Russian Federation with the norms establishing the possibility of the participation of a specialist when the court conducts inspection of written and physical evidence in order to ensure such.