Abstract

The proposed amendments to the Code of Civil Procedure and certain other acts envisage many changes in the regulations on evidence in simplified proceedings. The analysis focuses on presentation and assessment of the effects of changes provided for in new Art. 5057 of the Code of Civil Procedure. The provision stipulates introduction of an institution of an expert witness. Under the current legal status, if the court decides that a case is particularly complex or that special knowledge is required to resolve it, the court shall continue to hear the case without referring to the provisions on simplified proceedings. The draft assumes elimination of this solution. The evidence from an expert opinion will be optional, depending on a court's assessment and its cost. The proposal should be treated as a kind of a legislative experiment. This amendment introduces new solutions to the proceedings regarding petty and simple matters. The criteria for admissibility and evaluation of the expert witness institution are to be shaped in the jurisdictional practice.