Falsification of judicial evidence in the arbitration process: problems of theory and practice

The article analyzes various theoretical and practical problematic aspects of falsification of judicial evidence in the arbitration process, as well as analysis of behavioral moments in situations where the reliability of evidence is questioned, which affects the proof of material circumstances in arbitration cases. The practice of considering applications for falsification of evidence is influenced by two opposing factors: firstly, it is the complication of the process itself in terms of the category being considered, the complication in terms of the evidence base, the technical means by which evidence can be produced, the complication of the ways of communication of the parties, which cannot raise questions about authenticity and reliability documents received as part of this interaction. Secondly, with the complication of the process, the complication of legal regulation in this part does not occur and the parties, as well as judges, are forced to be guided by almost the only article of the arbitration procedural code that describes the fact and possibility of filing an application for falsification, but does not answer the applied questions. Thus, having considered the theoretical and practical problematic aspects of falsification of evidence, we can conclude that it is necessary to improve legislation in this area.