The role of prejudice in matters of proof in the civil procedural law of the Russian Federation

Abstract

Background. Annual changes in judicial practice associated with various applications of substantive law norms push modern researchers to study the controversial issue of the meaning of such a concept as prejudice when considering the issue of proof. The author studied different points of view of legal scholars on the concept of prejudice, the regulatory framework of the current system of legislation of the Russian Federation for a deeper understanding of the concept of prejudice and understanding its role in proving the civil procedural law of the Russian Federation, the role of a pre-traditional solution for participants in a lawsuit in one or more disputes. The implementation of the tasks was achieved by analyzing the explanations of the norms of the current legislation by the Supreme Court of the Russian Federation, the opinions of experts in this field of knowledge. Methodological foundations of comparative legal analysis contributed to the derivation of the main results of the study in the field of law enforcement practice in the civil procedural law of the Russian Federation. The application of the concept of prejudice, the conditions for reviewing a decision, as well as the importance of maintaining legal certainty when reviewing decisions, the concept of uniformity of judicial practice are investigated and evaluated. Revealing the concept and meaning of prejudice in the civil procedural law of the Russian Federation, the significance of the positions of the supreme courts of the Russian Federation and their role in relation to the consideration of issues in courts of general jurisdiction, arbitration courts of the Russian Federation is revealed.

Keywords

• prejudice
• proof
• court decision
• litigation
• validity
• law
• parties to the case
• code of civil procedure
• judicial precedent
• court