К вопросу о сущности преюдициальных фактов как условий, ограничивающих деятельность судов в цивилистическом процессе России

Abstract

The article examines the conditions limiting the discretionary powers of courts in the civil process. The problem is established of the applicability by courts of prejudicial facts contained in judicial acts in a previously considered case in a new trial if they do not correspond to the internal convictions of the court. The relevance of the work lies in the special significance of the institution of prejudicial facts in the context of implementing legal certainty of the entire legal system of Russia. The purpose of the study is to analyze the current legislation of Russia in order to determine the essence of prejudicial facts as conditions limiting the activities of courts in the civil process in Russia. The subject of the study is the norms of procedural legislation regulating the application of prejudicial facts by courts, as well as the judicial practice of higher courts. By analyzing the norms of Russian legislation, it is concluded that prejudicial facts require a more detailed settlement, in particular, on issues related to the basis for releasing the court from the obligation to take into account the circumstances established in the course of a previously considered case.