Abstract
The main emphasis of the article is that in civil proceedings, as in any type of proceedings, all judicial acts are subject to such a requirement as legality. Proper and timely application of procedural law is designed to ensure the correct application of substantive law. It is argued that a judge should always keep in mind that any rule of law is an integral part of the entire legal system and acts in conjunction with other rules of law. That is why one of the main ways of understanding a rule of law on the subject of its legality is a systematic interpretation, taking into account that the law can not be reduced to a system of legislative norms.The author defines the conditions, in the presence and in the aggregate of which, the judicial act is legal. The illegality of a judicial act is evidenced by the incorrect application of substantive law and / or violation of procedural law. It is emphasized that the illegality of a judicial act is the basis for its revocation by a higher instance and its adoption of a new court decision or its amendment.Particular attention is focused on highlighting the concept and main features of miscarriage of justice in civil proceedings. The author's definition of the term "judicial error" is offered. The author emphasizes that judicial error should always be corrected.However, if it is established that the errors made by the court did not lead to an incorrect decision of the case, the higher court must in the decision to leave the complaint unsatisfied and leave the lower court act unchanged to indicate the error of the lower court with arguments why it is not influenced the correctness of the decision of the civil case and why it is not a ground for revocation of the judicial act.
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