ГРАЖДАНСКО-ПРАВОВОЙ ЗАЧЕТ И ЗАЧЕТ, ПРОИЗВОДИМЫЙ ПРИ УДОВЛЕТВОРЕНИИ СУДОМ ВСТРЕЧНОГО И ПЕРВОНАЧАЛЬНОГО ИСКОВ: ТЕОРЕТИЧЕСКИЕ РАЗМЫШЛЕНИЯ О СХОДСТВЕ И ОТЛИЧИЯХ ПРАВОВЫХ ИНСТИТУТОВ (продолжение)

Abstract

In the article, the author continues to distinguish between the civil-legal offset and the offset made when the court satisfies the counterclaim and initial claims. The issues related to the systematisation of exceptions from the general rule on the obligation of judicial recognition for the court are considered. Conflicts of the institution of recognition with other legal phenomena allowing the establishment of the opposite fact are revealed. It is proposed to divide these conflicts into factual and legal ones. An actual information conflict is understood as a contradiction of judicial recognition to well-known facts or sound logic, and a legal contradiction to legal institutions (this includes pre-judicial and other judicial acts, notarial acts, irrefutable presumptions, fictions, as well as «ordinary» evidence adopted in another court case). The paper suggests specific ways to resolve such conflicts by the law enforcement. Exceptions from the general rule on the obligation of judicial recognition, ensuring the protection of the rights of other persons, are also considered separately. Here, as a general rule, the conclusion is justified that judicial control over recognition should be carried out only if another person has the status of a person participating in the case.