Addressing legal uncertainty as a prerequisite for improving the effectiveness of civil justice

Дата публикации: 28.12.2020

Addressing legal uncertainty as a prerequisite for improving the effectiveness of civil justice

Rekhtina I.V.
Аннотация: The article explores the effect of the legal certainty of civil procedure legislation and its application on the 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 more significantly, law enforcement problems, which significantly reduce the accessibility of justice to persons in 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 legal uncertainty and, as a result, to improve the efficiency of legal proceedings, it is necessary to use techniques of legal technique that do not lead to the emergence of causal rules of law. The model of the most general rules is capable of being applicable to any emerging procedural situation, taking into account systemic and targeted modes of interpretation. It is this approach to the construction of the system of legislation, together with the subsequent application of the rules on the basis of internal conviction and judicial discretion, that will ensure the unity of judicial practice.
Ключевые слова: justice, access to justice, efficiency of justice, legal certainty, abuse of procedural rights, civil proceedings, judicial practice, enforcement
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