To the question about the possibility of taking of evidence in civil and arbitration process

The article establishes the features of legal regulation of evidence claim in civil and arbitration proceedings. Discusses the discovery of evidence on the part of the process. It is proposed to introduce into the Civil procedure code of the Russian Federation the possibility of demanding evidence from the party to the process, as well as the introduction of penalties for refusal to provide evidence requested by the court. In addition, the criterion for assessing the possibility of requesting evidence from the party is proposed.