Abstract

The issue of admissibility of unlawful evidence in civil proceedings is of essence for both the science of civil procedure as well as the judicial practice. The author analysed those problems having referred to the applicable laws and views expressed in literature and judicature. He also indicated that the provisions of the Code of Civil Procedure do not warrant formulating any definitions of unlawful evidence. Neither there are any legal grounds for the civil court to reject any evidence in case doubt arise as to whether the evidence has been acquired lawfully, or if the evidence infringes on personal rights of one of the parties to the proceedings. The author is in favour separating the issue of criminal liability for using evidence acquired by a prohibited act and civil liability for infringement on personal rights from the issue of admissibility of using that evidence in civil procedure. The civil procedure is governed by the principle of truth and establishment of the facts on the basis of collected evidence constitutes the grounds for the settlement of the case and affects the decision issued. The fundamental criterion to disqualify evidence should be its being at variance with the truth. The civil court should also follow the principle of free appraisal of evidence instead of a priori rejecting evidence upon a charge that it is unlawful. In consequence, the author opts for admissibility of such evidence in civil procedure. At the same time, the author notes that not all evidence acquired unlawfully, in this case as a result of a crime, may be allowed by the Court and enumerated the criteria which should be considered.