Expert research can be conducted in the courtroom or out of court. Out of court session expertize is carried out if it is necessary on nature of researches or at impossibility or difficulty of delivery of material for research in a meeting (ch.2 the Art. of 67 agrarian and industrial complexes). Anyway the expert opinion has to be made in writing therefore if the conclusion was drawn in the courtroom, time has to be provided to the expert for its registration in writing.
Interpretation of this article consists in what in court lies a duty precisely to define a proof subject, i.e. a circle of the facts. which has legal value for permission of this dispute. In it its function. And if the parties do not follow an appeal of court also any more evidence will not produce, what the impasse turns out? Of course not. Because in that case the court should resolve dispute of that is available in business.
Any person to whom the circumstances important for business are known can witness. The person to whom certain facts are known can witness, and he can report a source of the received information. Can witness not only the official or other employee of the organization, but also any other person which is not working in the organization which is the party on business.
Very important position of agrarian and industrial complex contains in h. Art. 69: "Are not proofs the data reported by the witness if he not to specify a source of the awareness". This norm blocks possibility of emergence of indications on hearings (in English and American regulations about proofs, for example, rules about inadmissibility of indications from what others have told are in detail developed) 1, therefore, promotes research only of authentic proofs.
In the former Arbitration procedural code there was only one article 51 concerning testimony. Now, except Art. 69, there is Art. 44 in the section on the persons participating in business, and other participants of process under the name "Witness" where definition of this participant of process is given and its main duties are designated.