КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ ЮРИДИЧЕСКОЙ ОТВЕТСТВЕННОСТИ В ЦИВИЛИСТИЧЕСКОМ ПРОЦЕССЕ

Abstract

Despite the ongoing reforms, today a very large number of procedural violations committed by participants in the proceedings continues to be observed during the consideration of judicial disputes, largely due to the inefficiency or insufficiency of the legal liability measures currently in force. There is also a high degree of inconsistency in law enforcement practice regarding the application of procedural liability measures for unfair procedural behavior, late or incomplete presentation of evidence, and delay in the trial. The author also presents the most acute problems of legal regulation of legal liability and outlines specific proposals to overcome them. The article presents the thesis that it is characteristic and necessary for the adversarial model that legal liability is closely interrelated with the model of the adversarial model of civil proceedings, differing in the degree of development and substantive characteristics of measures against unfair procedural behavior, proportionality (proportionality) of the size of punitive liability were proportional to the price of the claim, the active use of legal fictions / presumptions. It is concluded that it is necessary to develop and scientifically substantiate a new model of legal responsibility in the entire civil procedure. This model should be based on the following conceptual foundations: uniform legal regulation of legal liability in the framework of the entire civil procedure; strengthening of adversarial principles in the implementation of legal responsibility, including by improving liability measures against unfair procedural behavior, etc.; the introduction in non-judicial civil jurisdictions of rating systems for evaluating the activities of bodies and persons engaged in procedural and procedural activities, and the application of legal liability measures based on them.