THE RESPONSIBILITY FOR FAILURE TO NOTIFY THE COURT ABOUT THE IMPOSSIBILITY TO PRESENT EVIDENCE DEMANDED BY THE COURT, OR FAILURE TO SUBMIT SUCH EVIDENCE WHITHOUT A CLEAR REASON

A. M. Selivon, N. V. Nykytchenko
2021 Actual problems of native jurisprudence  
The article deals with the issue of liability for failure to notify the court of the impossibility to submit evidence required by the court, or failure to provide such evidence without a clear reason. Based on a study of previous scientific work on general legal liability and liability in commercial procedural law, the author formulates his own definition of liability for failure to notify the court of the impossibility of submitting evidence required by the court or failure to provide such
more » ... ence without a clear reason in business and examines the essence of such liability. The importance of formulating such a definition is due to the fact that failure to provide evidence required by the court can significantly affect the outcome of the case, and therefore the institution of economic and procedural liability as a tool to respond to procedural violations can ensure proper implementation of relevant procedural rules. In case of failure to notify the court of the impossibility to submit evidence required by the court, or failure to submit such evidence without good reason, the court applies to the person measures of procedural compulsion provided by the Code of Civil Procedure of Ukraine. Among the measures of procedural compulsion provided by the Article 131 of the Code of Civil Procedure of Ukraine for failure to notify the court of the impossibility to submit evidence required by the court, or failure to provide such evidence without a clear reason, such measures as temporary seizure of evidence by the court and a fine may be applied. Temporary seizure of evidence is a preventive procedural measure of the court's prompt response to actions that unlawfully impede the conduct of commercial proceedings, while the imposition of a fine is a form of economic procedural liability. Having examined everything mentioned above approaches and understanding of economic and procedural liability, the most complete and accurate definition of liability for failure to notify the court of the impossibility of submitting evidence required by the court, or failure to provide such evidence without a clear reason in the commercial process is as follows: these are unfavorable consequences of property or organizational nature provided by sanctions of economic and procedural norms, which the party/participant suffers in cases of both dishonest behavior and committed offense, aimed at establishing legality and forming respect for law and court and is an instrument of judicial proceedings.
doi:10.15421/392154 fatcat:znri4zn3o5ck5ddbj6xy7ginpu