• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Article

Значимость подтверждения достоверности копий оспариваемых судебных актов в контексте права на доступ к правосудию

It is a well-known fact that the main tendency in development of procedural law is exemption of redundant barriers for excercising the right to access to justice and simplifying the procedures of initiating the proceedings. This is a ground for introducing and exploiting e-justice in practice. Besides that there is always development in justice system, in process of appealing against court’s decisions, in execution of judgement and in healing measures.

Against this background seems to be inadequate the situation when an entity or any other legal person that intends to dispute enforceable court rulings faces artificial barriers in the form of requirement to furnish certified copies of court orders. Moreover, those certified copies procedurally as a result of complaint investigation are kept in trial contents where there are already the originals which implies readmission of them at every step of disputing.

Such unreasonable requests often force interested person contrary to his dissent with the results of judicial enforcement to abandon further dispute. This kind of practice reflects harmfully on human rights but improves judicial statistics. Current situation is inconsistent with wording of part 1 article 46 of the Constitution of Russian Federation. It assumes the possibility to correct judicial mistakes after a trial in judicial instance decision of which comes into legal force.

In this article as a result of detailed procedural analysis the inconsistency and redundancy of such formal request is settled down. It’s provided that the legislator should abandon this kind of request with any negative consequences for judicial purposes.