Failures in judicial acts: the concept, essence, consequences
Автор: Shapovalova Yana Vitalyevna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 1, 2018 года.
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The paper deals with the quality of judicial acts. The laws and regulations do not include the concept of quality of judicial acts. Therefore, there has been discussed the problem of defining such quality criteria of legal acts as completeness, motivation, clarity in the scientific literature. The research examines the notions of failure in a judicial act, shortcoming of a judicial act, incorrect filling in court records. Studying the failures in judicial acts, the author reviews several types of them. The research reveals the failures in their form (non-compliance with the registration of legal acts) and the failures in their content (violation of the unity of their elements; uncertainty, inconsistency, ambiguity of legal acts and, consequently, their impracticability). In addition, the study notes the reasons for failures in judicial acts, their effects and the ways to address them.
Judicial act, quality of decrees, appeal against judgment, cancellation and modification of judicial acts, failures in judicial acts, fixing court rulings
Короткий адрес: https://sciup.org/14939045
IDR: 14939045 | DOI: 10.24158/tipor.2018.1.15