• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Evidence and Proof in International Civil Procedural Law of the Russian Federation

Student: Gulyaev Ivan

Supervisor: Maryana Batalova

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Final Grade: 9

Year of Graduation: 2017

n the present master's dissertation, the doctrine and court practice are analyzed, examining the criteria for determining the applicable law for the regulation of evidence in the international civil process, as well as the issues of their admissibility are considered. The stated tasks of the research determine the chosen structure of the work. In addition to the introduction, conclusion and bibliography, the master's dissertation consists of two main chapters: written evidence in the international civil process, and obtaining and reception of evidence. The first chapter is appropriately divided into three sections: the applicable law in regulating evidence, the admissibility of evidence in the international civil process, the evidentiary strength of the means of proof in the international civil process. The second chapter has a more complex structure and is completely based on foreign literature: the methods of the countries of the common law of obtaining evidence abroad - the first paragraph, the international methods of obtaining evidence abroad and the application of foreign law - the second paragraph, the third paragraph is unresolved problems in obtaining evidence abroad consists of Two points: a critical commentary on the Hague Convention and the Aerospatiale case. On the basis of the analysis, the following conclusions are formulated: firstly, it is necessary to speak of a combination in the international evidentiary law of two main conflict rules for determining the applicable law, which should complement each other: (lex causae) and imperative (lex fori); secondly, it is desirable that the admissibility and evidentiary force of the means of proof be regulated by the norms of the same legal order that the most contentious legal relationship is itself.

Full text (added May 12, 2017)

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses