The Preclusion in Civil and Administrative Procedures

Abstract

Formulation of the Problem. In modern judicial practice, the concepts of “estoppel”, “the principle of the loss of the right to object”, “prohibition of contradictory behavior”, “reasonable expectations” are often used. In the Russian science of civil and administrative proceedings, there is also the use of the terms “pre-exclusive sanctions”, “pre-exclusion”, “pre-exclusive term” without stating their legal content. Purpose of the Work: based on doctrinal and empirical analysis, to give the concept of preclusion, to highlight its types and features that distinguish it from other similar legal phenomena. Results, Brief Conclusions. The author considers preclusion as a legal action aimed at leveling the re-examination of a legal issue due to its consideration by the court earlier, or in connection with the failure to exercise the corresponding right in time. Two types of preclusion are distinguished in the work: “repeat preclusion” and “term preclusion”. The first type is used in the countries of the Anglo-Saxon legal family and is associated with the specifics of their procedural law, although there are analogs of this preclusion in the states of continental law. The second type of preclusion is common. The legal consequence of the application of the “preclusion of the term” is the loss of the possibility of performing the corresponding procedural action.