Civil Evidence in Russia: Admissibility, Burden of Proof, and Expert Evidence

The law of civil evidence in Russia is governed by the Civil Procedure Code (Grazhdansky Protsessualny Kodeks, GPK RF) for the courts of general jurisdiction and the Arbitration Procedure Code (Arbitrazhny Protsessualny Kodeks, APK RF) for the arbitration courts. The two codes establish broadly similar rules on admissibility, relevance, burden of proof, and types of evidence, though there are differences in detail. The law of evidence in civil proceedings has been modernised to accommodate electronic evidence, digital documents, and modern communication methods, while maintaining the traditional structure of civil law evidentiary rules.

Admissibility and Relevance

Articles 55–60 of the GPK RF and Articles 64–71 of the APK RF establish the rules on admissibility and relevance. Evidence is admissible if it is relevant to the case — that is, if it contains information about facts that are material to the proper resolution of the dispute. The court determines which facts are material to the case based on the applicable substantive law and the parties’ claims and defences. Evidence that is not relevant to the case may not be admitted. The codes also establish rules of admissibility based on the form of evidence. Article 60 of the GPK RF provides that certain facts may be proved only by specific types of evidence where so required by federal law (the rule of formality). For example, transactions must be proved by written evidence where the law requires a written form; the failure to comply with the requirement of a simple written form may limit the admissibility of oral evidence. The codes also prohibit the admission of evidence obtained in violation of federal law, implementing the constitutional prohibition on the use of evidence obtained in violation of the law (Article 50 of the Constitution).

Burden of Proof

The burden of proof (bremya dokazyvaniya) is allocated according to the general principle that each party must prove the facts on which it relies to support its claims or defences. Article 56 of the GPK RF provides that each party must prove the circumstances to which it refers as the basis for its claims or objections, unless federal law provides otherwise. The APK RF establishes a similar rule in Article 65. The allocation of the burden of proof is determined by the substantive law applicable to the dispute. In civil cases, the claimant must prove the facts constituting the cause of action, while the defendant must prove any affirmative defences. The court has a residual power to require the parties to submit additional evidence where the existing evidence is insufficient to resolve the case. In certain categories of cases — including tort liability for harm caused by a source of increased danger, consumer protection cases, and certain employment disputes — the burden of proof is shifted to the defendant by operation of law. The court’s role in evidence gathering is more active than in common law adversarial systems; the court may propose that the parties submit specific evidence and may request evidence from third parties on its own initiative.

Types of Evidence

The procedural codes recognise a variety of types of evidence. Written evidence (pismennyye dokazatelstva) is the most important category in commercial litigation, including contracts, correspondence, invoices, payment documents, and other documents. Physical evidence (veshchestvennyye dokazatelstva) includes objects that bear information about the facts of the case. Expert evidence (zaklyucheniye eksperta) is the opinion of a specialist appointed by the court to answer questions requiring specialist knowledge. Witness testimony (pokazaniya svideteley) is admissible in all categories of cases, though its weight may be limited by the rule requiring written evidence for certain transactions. Audio and video recordings (audio- i videozapisi) are recognised as evidence and may be admitted if they contain information relevant to the case and their authenticity is confirmed. Explanations of the parties and third parties (obyasneniya storon i tretikh lits) are also a form of evidence. The codes also recognise electronic documents as evidence, establishing the admissibility of evidence in digital form.

Expert Evidence

Expert evidence is governed by Articles 79–87 of the GPK RF and Articles 82–87.1 of the APK RF. A forensic expert examination (sudebnaya ekspertiza) is appointed by the court when specialist knowledge is required to resolve questions arising in the case. The court appoints the expert or the expert institution and formulates the questions to be answered by the expert. The parties may propose candidates for the expert and propose questions for the expert’s consideration. The expert’s opinion must be in writing and must contain a detailed description of the research conducted, the conclusions reached, and the reasoning on which the conclusions are based. The expert’s opinion is not binding on the court; the court must evaluate the opinion along with all other evidence in the case. If the court disagrees with the expert’s conclusions, it must provide reasons. The parties may request the appointment of a supplementary expert examination (dopolnitelnaya ekspertiza) if the existing opinion is insufficiently clear or complete, or a repeat expert examination (povtornaya ekspertiza) if the court has doubts about the correctness or objectivity of the existing opinion. The forensic expert examination is a central feature of Russian civil procedure, used in a wide range of cases including construction disputes, intellectual property cases, medical malpractice claims, and family law disputes.

Documentary Evidence

Documentary evidence is the most important form of evidence in Russian civil proceedings, particularly in commercial litigation. Documents may be submitted in original form or as certified copies. The court may require the submission of the original document if the authenticity of a copy is disputed or if the circumstances of the case require examination of the original. Documents submitted as evidence must be relevant to the case and must be properly identified. The procedural codes establish rules for the submission of documents in a foreign language, which must be accompanied by a certified Russian translation. The codes also establish rules for the submission of documents that contain state secrets or other confidential information, including procedures for closed hearings and restricted access to case materials.

Electronic Evidence

The recognition of electronic evidence — including electronic documents, emails, text messages, database records, and digital files — has been progressively developed in Russian civil procedure. The APK RF was amended in 2016 to expressly recognise electronic documents as written evidence. The GPK RF has been amended to allow electronic document filing and to recognise electronic documents as evidence. The Russian courts have developed practice in evaluating electronic evidence, including the assessment of authenticity, the reliability of electronic signatures, and the admissibility of evidence obtained from electronic sources. The use of electronic evidence has increased significantly with the digitalisation of court procedures and the widespread adoption of electronic document management in business. The court may require the submission of electronic evidence in a form that can be examined in court, including printed copies, and may appoint a technical specialist or expert to assist in evaluating electronic evidence. The evidentiary weight of electronic documents depends on the reliability of the method of creation, storage, and transmission; documents signed with a qualified electronic signature (ukreplonnaya elektronnaya podpis) have the same legal force as handwritten signatures.

Evaluation of Evidence

The evaluation of evidence is governed by Article 67 of the GPK RF and Article 71 of the APK RF. The court evaluates evidence according to its internal conviction (vnutrenneye ubezhdeniye), based on a comprehensive, complete, objective, and direct examination of the evidence in the case. No evidence has predetermined force for the court; the court must evaluate each piece of evidence individually and all evidence in its totality. The court must give reasons for its evaluation of evidence in the judgment, explaining why it accepted or rejected specific evidence. The principle of free evaluation of evidence is a fundamental feature of Russian civil procedure, giving the court broad discretion in assessing the weight and credibility of evidence while requiring reasoned justification for the court’s conclusions.

Significance

The Russian law of civil evidence provides a comprehensive framework for the proof of facts in civil proceedings. The system combines the continental European tradition of active judicial involvement in evidence gathering with a broad recognition of various types of evidence. The allocation of the burden of proof follows established rules, with specific exceptions for certain categories of cases. The forensic expert examination is a central feature of Russian civil procedure, providing specialist input on technical and scientific questions. The recognition of electronic evidence has been progressively modernised. The evaluation of evidence is committed to the court’s free discretion, subject to the requirement of reasoned justification. The law of civil evidence continues to evolve with the digitalisation of court procedures and the increasing complexity of commercial and civil disputes.