Problems of law enforcement of civil procedural evaluation concepts at the stage of cassation review of judicial decisions

Abstract

The paper highlights current issues and examines the problems of law enforcement of civil procedural evaluation concepts at the stage of cassation review of court decisions in civil proceedings in Ukraine. The necessity of application of civil-procedural evaluation concepts in the sphere of regulation of legal relations at the stage of cassation review of decisions in civil cases is analyzed. The legal characteristic of civil-procedural evaluation concepts is carried out, their signs and criteria are defined. Gaps in the legal regulation of legal relations in this area are indicated, including: the lack of a normative definition of the concept of legal opinion of the Supreme Court; lack of normative definition of evaluation concepts: fundamental significance for the formation of a unified law enforcement practice, significant public interest, exceptional significance for the party to the case. Definitions of procedural evaluation terms fundamental importance for the formation of a single law enforcement practice, significant public interest, exclusive legal problem, exceptional importance for the party, conclusion on the application of the rule of law in such legal relations are proposed. Conclusions and proposals aimed at improving the civil procedure legislation on the review of court decisions in cassation, in particular, in order to optimize the mechanism of legal regulation of the review of court decisions in civil proceedings by the cassation instance, it is proposed to supplement the provisions of current legislation procedural evaluation concepts: to supplement Part 3 of Article 389 of the CPC of Ukraine, which defines the grounds for cassation appeal, provisions to define the concept of a question of law that is fundamental to the formation of a single law enforcement practice as a matter of legal norms and principles, analogies of the law and analogies of the law, which are necessary for the court to formulate a common practice to overcome gaps in regulations or conflicts between the rules of law; to supplement Part 5 of Article 403 of the CPC of Ukraine, which defines the concept of exclusive legal problem, rules that establish the characteristics of such a legal problem, in particular: the existence of different judicial practice of applying the same rules of law in resolving disputes in similar legal relations; the presence of an indefinite number of disputes on this issue; non-compliance with the fundamental and fundamental principles of law during the trial; the presence of different scientific approaches to solving specific legal issues in similar legal relations.