Baturina N.A. Private Definitions of Higher Courts to Lower Courts

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.20

Natal’ja A. Baturina, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Procedure, Saratov State Law Academy, Chernyshevskogo St., 104, 410008 Saratov, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4053-5646

Introduction: at the same time as the work on the revision of judicial acts, the courts of higher instances solve the problem of management and control over the work of lower courts. The achievement of this task is carried out by various means, including through the issuance of a private ruling by a higher court against a lower court. The purpose of the study is to analyze the nature and effectiveness of private determinations made by higher authorities to lower courts. Methods: the methodological basis of this study was General, General scientific, private-legal methods: dialectical, analysis, comparison. Results: on the basis of the analysis of judicial practice, the grounds for making private determinations to lower courts are revealed. It is argued that the proposal of some scientists to fix in the code of civil procedure the obligation of higher courts to make private determinations to lower courts in case of detection of violations of the law is criticized. The article deals with the consequences of making private determinations to the lower courts, the necessity of legislative consolidation of the possibility of appeal against private determinations. Conclusions: private definition is an important means of control of higher courts over the activities of lower courts. Despite the fact that the law does not provide for a list of grounds for issuing private rulings, the analysis of acts of the Supreme court of the Russian Federation suggests that the courts of higher instances should, in the case of detection of violations committed by a lower court, respond to them by issuing a private ruling. In order to unify procedural codes, it seems necessary by analogy with art. 200 CAS of the Russian Federation to fix in Art. 226 of GPK of the Russian Federation the right to appeal against private definitions.

Key words: civil procedure, Institute of private determination, court, violation of law, higher court.

Citation. Baturina N.A. Private Definitions of Higher Courts to Lower Courts. Legal Concept, 2019, vol. 18, no. 2, pp. 122-126. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.20

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