Article 82 of the Arbitration Procedure Code of the Russian Federation states that a court orders an examination to clarify issues requiring special knowledge. However, courts often order examinations but then reject the results and make their judgment based on other evidence.
Andrew Bezhan, Ph.D. in Law, Counsel and Attorney-at-Law of the Dispute Resolution Practice of Nordic Star Law Offices, discussed the lawfulness of such an approach from the point of view of a court’s powers.
Andrew Bezhan
Counsel, PhD in Law, Attorney-at-Law