Правова природа судової помилки у цивільному процесі

Abstract

Досліджено теоретичні аспекти правової природи судової помилки в цивільному процесі, її зміст та сутність. Визначено та проаналізовано причини існування судових помилок

In the scientific article the theoretical aspects of legal nature of judicial error in civil procedure are explored. The reasons of existence of judicial errors are certain and analysed. Work of judge is related to implementation of the special imperious plenary powers, and also right and duty to apply power by the name of law. At the same time judges are not insured from judge errors, as work in the field of justice behaves to one of the most difficult types of human activity. Removal of judicial error with the purpose of defence of broken, unrecognized or contested rights, freedoms or interests of physical persons, rights and interests of legal entities, interests of the state is the inalienable component of judicial defence without which the constitutional guarantee of judicial defence of rights would be incomplete. It is marked, that it is necessary to understand a judicial error as the judicial phenomenon, subsequent upon activity of court and having the judicial fixing in the act of court, redetermining no achievement of purpose of the civil legal proceeding and subject to the removal in the order set in a law. Non-fulfillment of pointing of law is illegal and can serve as foundation for application of the proper judicial approvals. Different methods of violation, and also reasons which a judge followed here, matter for description of judicial errors. It is necessary to take to the causes of judicial errors: insufficient level of teaching and professional preparation of judges; absence of the proper moral qualities at judges; insufficient knowledge of norms of material and judicial law; lack of conscientiousness, relation of superficial judges, careless and formal to implementation of the plenary powers; inability to organize the work correctly; inattentive processing of judicial documents; absence of experience; ignoring of elucidations of higher judicial bodies of the state after application of legislation; subjective looks, liking and antipathies of judge; low level of discipline of judges; prejudice of court; violation of the judicial terms. As essence of judicial errors includes components both legal, and judicial, measures on nonadmission of judicial errors must have a complex character