ON THE ISSUE OF ASSESSING THE CIRCUMSTANCES IN CASES OF NEWLY DISCOVERED CIRCUMSTANCES

Author(s): Lunev A.A., Tsygankov A.Yu.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2023-2-24-29

Release: 2023-2 (38)

Pages: 24-29

Keywords: evaluation of evidence, judge’s responsibility, internal conviction, decision-making algorithm

Annotation: The work is devoted to the problem of erroneous assessment by judges during the consideration of civil cases due to newly discovered circumstances. In the process of litigation, situations often arise when new circumstances appear in the course of the case, which may have a significant impact on the outcome of the claim or court decision. The issue of assessing such newly discovered circumstances is one of the key aspects of legal practice. The inclusion in the case of materials that reveal previously implicit circumstances of the case is often not regulated by the judicial procedure and completely depends on the so-called “internal conviction” of the judge. The purpose of this study is to justify the introduction of a decision-making algorithm into the procedure of civil proceedings in order to reduce the number of unjust decisions in courts of general jurisdiction. Within the framework of this approach, it is proposed to adopt at the legislative level a state program for the implementation of standards of legal proceedings and law enforcement in order to exclude the “inner conviction” factor of a judge in the process of making judicial decisions, which is, in essence, random.

Bibliography: Lunev A.A., Tsygankov A.Yu. ON THE ISSUE OF ASSESSING THE CIRCUMSTANCES IN CASES OF NEWLY DISCOVERED CIRCUMSTANCES // Journal of Legal Sciences. – 2023. – № 2 (38). – С. 24-29. doi: 10.21777/2587-9472-2023-2-24-29