The article is devoted to the actual problem connected with the collecting evidences, situated abroad. In 2001 the Russian Federation adopted the principal international treaty which regulates this matter: to the Hague Convention of 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. The author of the article analyzes the main problems of the Hague Convention of 1970, as well as the reasons it is not applied by Russian judicial organs. The author suggests several solutions, including appointment of the central authority as envisaged by the Hague Convention of 1970 and determination of a status of official non-published international treaties. Apart from this the author analyzes the institute of pre-trial discovery in comparison with Russian Federation and Anglo-Saxon law countries, where this institute originates from.