Theoretical and practical problems of evaluation categories in civil legal proceedings

DOI

10.2991/icsdcbr-19.2019.120How to use a DOI?

Keywords

evaluation concepts, judicial practice, evaluation categories, legal doctrine

Abstract

The article discusses the use and application of evaluation concepts in the consideration of civil cases, fixed both in the text of regulatory acts and in the doctrine. It has been established that the absence of normative guidelines or the specification of a concept in acts of the highest judicial bodies leads to conflicting judicial decisions. This violates the uniformity of judicial practice and reduces the level of guarantees of judicial protection of violated rights and legally protected interests. The authors make a classification and general description of categories that do not have a specific content. Three groups of appraisal concepts are distinguished, such as appraisal categories having specification; general interpretations directly in the norms of the procedural code; evaluation concepts that do not have a normative definition, but which are disclosed and specified in acts of the highest judicial bodies of the Russian Federation; evaluative categories that do not have a transcript either in the procedural rules or in judicial practice. The article emphasizes that in establishing uniformity in the application of evaluation categories in practice, legal conflicts, gaps and contradictions, the multiplicity of which undermines the authority of the judiciary and violates the right to a fair trial, will be minimized. The results can be used for strengthening legal practices in the border regions of Russia and the post-Soviet space.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - I V Rekhtina
AU  - M A Bolovnev
AU  - G N Aksenova
PY  - 2019/11
DA  - 2019/11
TI  - Theoretical and practical problems of evaluation categories in civil legal proceedings
BT  - Proceedings of the International Conference on Sustainable Development of Cross-Border Regions: Economic, Social and Security Challenges (ICSDCBR 2019)
PB  - Atlantis Press
SP  - 593
EP  - 596
SN  - 2352-5398
UR  - https://doi.org/10.2991/icsdcbr-19.2019.120
DO  - 10.2991/icsdcbr-19.2019.120
ID  - Rekhtina2019/11
ER  -