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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Ivan Gulyaev
Evidence and Proof in International Civil Procedural Law of the Russian Federation
Private International Law
(Master’s programme)
9
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.

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