Open AccessLEGAL CERTAINTY AS AN EVALUATIVE CATEGORY IN CIVIL PROCEEDINGS
Author(s) -
Mikhail Bolovnev,
И.В. Рехтина
Publication year - 2020
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2019)4.1
Subject(s) - legal certainty , legislation , discretion , certainty , conviction , legislature , law , judicial discretion , political science , judicial interpretation , enforcement , administration of justice , economic justice , order (exchange) , interpretation (philosophy) , law and economics , judicial review , business , sociology , computer science , epistemology , philosophy , finance , programming language
The article explores the effect of the legal certainty of civil procedure legislation and its application onthe creation of appropriate conditions for the effective implementation of justice. It is stressed that the lack of legal certainty, namely, its opposite — legal “uncertainty,” creates both legislative conflicts and, even moresignificantly, law enforcement problems, which significantly reduce the accessibility of justice to personsin need of judicial protection. The courts used different procedural rules, using a formalistic approach,jeopardizing the delivery of a lawful and justified judicial act. In order to overcome the state of legaluncertainty and, as a result, to improve the efficiency of legal proceedings, it is necessary to use techniquesof legal technique that do not lead to the emergence of causal rules of law. The model of the most generalrules is capable of being applicable to any emerging procedural situation, taking into account systemic andtargeted modes of interpretation. It is this approach to the construction of the system of legislation, togetherwith the subsequent application of the rules on the basis of internal conviction and judicial discretion, thatwill ensure the unity of judicial practice.