О некоторых аспектах реализации института транзитивности судебных производств в современном цивилистическом процессе

Abstract

In this article, on the example of domestic administrative and civil judicial proceedings, the problem of implementing a relatively new procedural institution of transitivity is studied. The purpose of the study is to find solutions to the theoretical and applied problem of the materialization of this institution in the modern civil process. A comprehensive and comprehensive study of this topic was carried out using general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical-legal, formal-legal, comparative-legal) methods. Taking into account specific law enforcement examples, it is substantiated that the primary practical implementation of the analyzed institution in a number of cases led to a violation of the constitutional right to judicial protection. In this regard, it is stated that the legislator specifically transformed the grounds for refusing to accept the administrative claim by the court, which partly solved the above problem. At the same time, as noted in the paper, this provoked a number of other important legal issues, especially those associated with the correlation of such legal phenomena as legal certainty and legality, in the framework of the cancellation or amendment of court decisions due to violation of the rules of transitivity.