Конституционно-правовое значение правила исчерпания иных способов обжалования в гражданском процессе

Abstract

The article examines the nature of the concept of exhaustion of judicial remedies in order to file a constitutional complaint to assess its significance in the instance judicial system, as well as its relationship with the concept of exhaustion of appeal methods in civil proceedings. The author provides a brief historical sketch of the emergence of the exhaustion rule in civil and arbitration proceedings. According to the results of the study, a number of conclusions are drawn, including the inexpediency of the existence of two concepts of exhaustion of appeal possibilities that do not coincide in content, as well as various options for fixing the rule of sequential appeal in civil and arbitration proceedings. Such a statement of the question testifies to the indivisible nature of the problem under study, which allows us to consider the existing concepts of the legal understanding of the theory of exhaustion as the basis for a consistent appeal through the prism of interdisciplinary scientific relations. The importance of consolidating the concept of exhaustion of appeal methods at the junction of procedural branches of law in order to form a uniform judicial practice based on the rule of law, provided that objective prerequisites are formed for this, is substantiated for the three procedural branches (civil, arbitration and administrative). The definition of the concept of exhaustion of other means of appeal and its criteria are given.