THE PRINCIPLE OF LEGAL CERTAINTY AND THE NEW CASSATION IN CIVIL PROCEEDINGS
Authors
Anna P. YAKOVLEVA
Автор
Nikita V. CHIZHOV
Автор
Keywords:
правовая определенность,
res judicata,
право на судебную защиту,
принцип законности кассационные суды общей юрисдикции,
кассационная жалоба,
представление прокурора.
Abstract
The purpose of the work is to study the issues of correlation between the principle of legal certainty and the possibility of ordinal revision of court decisions that have entered into legal force in modern civil proceedings. A theoretical study is being conducted on the possibility of appealing judicial acts that have entered into force as an element of the implementation of the constitutional right to judicial protection. The dialectical method of cognition is used along with other general scientific and private scientific methods. The principle of legal certainty is considered, an understanding of the irrefutability of a judicial act is given, legislative norms, judicial practice materials, and the works of domestic scientists are analyzed, controversial issues are raised regarding changes in cassation proceedings in civil proceedings, and the inadmissibility of a bias towards the principle of legal certainty is noted, which entails a limited possibility of eliminating judicial errors. The conclusion is made about the expediency of the changes that have occurred.