Theoretical and practical problems of evaluation categories in civil legal proceedings

Abstract

The article discusses the use and application of evaluation concepts in the consideration of civil cases, fixed both in the text of regulatory acts and in the doctrine. It has been established that the absence of normative guidelines or the specification of a concept in acts of the highest judicial bodies leads to conflicting judicial decisions. This violates the uniformity of judicial practice and reduces the level of guarantees of judicial protection of violated rights and legally protected interests. The authors make a classification and general description of categories that do not have a specific content. Three groups of appraisal concepts are distinguished, such as appraisal categories having specification; general interpretations directly in the norms of the procedural code; evaluation concepts that do not have a normative definition, but which are disclosed and specified in acts of the highest judicial bodies of the Russian Federation; evaluative categories that do not have a transcript either in the procedural rules or in judicial practice. The article emphasizes that in establishing uniformity in the application of evaluation categories in practice, legal conflicts, gaps and contradictions, the multiplicity of which undermines the authority of the judiciary and violates the right to a fair trial, will be minimized. The results can be used for strengthening legal practices in the border regions of Russia and the post-Soviet space.