Correcting miscarriage of justice in the civil procedure being a component to the right to defence

Автор: Blazomirskaya Inna Vitalyevna

Журнал: Историческая и социально-образовательная мысль @hist-edu

Рубрика: Науки об обществе

Статья в выпуске: 6-2 (28), 2014 года.

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The paper considered miscarriage of justice, i.e. an adjudication being wrong judgment in effect containing either denial of defense within the actual (scope of) right(s) or defending the unlisted right for, for instance, while an innocent convict or an acquitted criminal. The dominant features of miscarriage of justice are the following: 1) A miscarriage of justice appeared at the final adjudication; 2) A miscarriage of justice was presumed; 3) An agent commissioned to operate by a specific ruling would ascertain and eliminate a miscarriage of justice; 4) A specific way of proving a miscarriage of justice; 5) Actual miscarriage of justice has not been subsequent upon the fault / negligence having been let / tolerated / omitted by the judge who passed the final adjudication. Eliminating a miscarriage of justice by the superior court should be one of three steps required for judicial defense. The first step shall be referring to the court and the hearing of the case by the court of first instance with the final disposition of the case that should be mandatory. The second and third steps shall be eliminating a miscarriage of justice and enforcing the court’s disposition, - should be secured by the State as the effective remedies of judicial defense, and the party concerned may involve these when required.

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Civil court proceedings, negligence as a kind of fault by the judge, miscarriage of justice, eliminating a miscarriage of justice, features specific for a miscarriage of justice

Короткий адрес: https://sciup.org/14950405

IDR: 14950405

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