Savchy N. Judicial mistakes during the consideration and resolution of civil cases

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003634

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

01-07-2016

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The thesis is devoted to the such analysis as the legal phenomenon of judicial mistake. The concept and features of a miscarriage of justice, its types, causes and conditions of admission of judicial mistakes are investigated. The basic measures to prevent a miscarriage of justice are detected. The main ways to eliminate judicial mistakes are considered. The author's definition of "judicial error" is formulated. The signs of miscarriage of justice in civil proceedings have been allocated. The classification of miscarriages is improved under the relevant criteria. The main causes and conditions of admission of judicial mistakes are defined. The main manifestations of judicial errors in considering and resolving in civil cases are detected. The measures to prevent judicial errors are disclosed. Suggestions to the existing civil procedural law are developed. The influence of judicial practice on preventing judicial errors is delineated. The main methods of eliminating judicial errors in civil proceedings are defined.

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