ТРАНСФОРМАЦИЯ КАТЕГОРИИ «СУДЕБНАЯ ИСТИНА» В УСЛОВИЯХ ЦИФРОВОЙ ЭКОНОМИКИ

Abstract

The article deals with the issues related to the establishment of judicial truth in civil cases. The author analyses the viewpoints that exist in the doctrine and judicial practice concerning the problem in question and substantiates the absence of legal grounds for rejection of the principle of objective truth in legal proceedings. It is pointed out that the courts in considering cases can be established both objective and formal truth, which form a single concept of judicial truth. It is stated that the presumption of truthfulness of court decisions is generated by the existence of formal truth in judicial proceedings and the court decisions, which are based on the formal truth, the action of this presumption becomes valid. In conclusion, it is concluded that the presumption of truthfulness of a court decision is based on the fact that, as a rule, courts, after resolving disputes in compliance with all requirements of the law, make a decision based on the law, in cases the judicial truth of the case is established. The decision reflects the actual circumstances of the case, the rights and obligations of the parties, and therefore it is highly probable to admit that in each case a correct decision is taken, unreasonable decisions are taken in rare cases.