The effectiveness of the procedural mechanism for the protection of subjective rights and legally protected interests

Дата публикации: 31.01.2022

The effectiveness of the procedural mechanism for the protection of subjective rights and legally protected interests

Bolovnev M.A.
Аннотация: The article examines the influence of the legal certainty of civil procedural legislation and the practice of its application on the creation of appropriate conditions for the effective administration of justice. It is emphasized that the lack of legal certainty gives rise to both legislative conflicts and law enforcement problems, which significantly reduce the accessibility of justice for persons in need of judicial protection. Courts use established procedural norms in a heterogeneous manner, applying a formalistic approach, jeopardizing the issuance of a lawful and justified judicial act. In order to overcome the state of legal uncertainty and improve the efficiency of legal proceedings, it is necessary to use such methods of legal technique that do not entail the emergence of casuistic rules of law. The model of the most general norms is capable of being applicable to any emerging procedural situation, taking into account the systemic and targeted methods of interpretation. It is this approach to building a system of legislation, coupled with the subsequent application of norms based on internal conviction and judicial discretion, that will ensure the unity of judicial practice.
Ключевые слова: civil proceedings, efficiency of justice, legal certainty, access to justice, jurisdiction.
Полный текст статьи