The Quality of Civil Procedure Legislation as a Necessary Prerequisite for the Accessibility and Effectiveness of Justice

Abstract

The paper is devoted to the study of the provisions of modern civil procedure legislation with regard to the grounds for the cancellation or amendment of court decisions in cassation in the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. The formulation of these grounds is unclear, which prompts their analysis. The author carries out an analysis in comparison with the grounds for the cancellation or modification of court decisions at other verification stages of civil proceedings — the appellate instance and in the cassation courts of general jurisdiction. The problem chosen for study has both theoretical and practical significance. The author substantiates that, despite the complexity and redundancy of the wording of the provisions of the law on the grounds for the cancellation (altering) of court decisions in the second cassation, in essence these grounds are the same as in the appellate and first cassation instances. The author also raises the issue of the impact of the quality of procedural legislation on the effectiveness and accessibility of justice in civil cases.