Evidentiary powers of the trial court regarding public-law disputes in the Russian Federation

Ural State Law University (USLU), 620066, Yekaterinburg, Russia

^* Corresponding author: e.n.kulyushin@usla.ru

Abstract

The paper presents the analysis of the content of the evidentiary powers of the trial court regarding public-law disputes in administrative proceedings of the Russian Federation to improve the model of their exercise by the general courts for correct and timely consideration and resolution of public-law disputes between citizens, organizations against unlawful acts of public bodies. It considers the key directions of improvement of the mechanism of evidentiary activity of courts on public-law disputes regarding the recognition of evidence inadmissible, procedure for allegations on falsification of evidence to ensure effective protection of the weaker party on public-law disputes, to create a good-faith attitude among the participants of public-law relations, and to prevent new public-law disputes. Taking into account the analysis of the content of the evidentiary powers of the trial court in public-law disputes, the paper concludes on the criteria for classifying the evidentiary powers of the trial court in public-law disputes under the Code of Administrative Procedure of the Russian Federation, active role of the trial court in their implementation at various stages of administrative proceedings, main directions for improving the mechanism for exercising the evidentiary powers of the trial court in verifying the allegations on falsification of evidence submitted by the parties and taking measures to declare the evidence inadmissible.