PREJUDICIAL FORCE OF JUDICIAL ACTS IN CIVIL PROCEEDINGS DURING THE PRESENCE OF CONTRADICTING JUDICIAL ACTS ENTERED INTO LEGAL FORCE

Abstract

The execution of a judicial act which entered into legal force is a guarantee of a person's right to a fair trial, without which activity of courts would be completely meaningless. That is why it is necessary to try to rule out the possibility of existence of contradicting judicial acts. The article deals with the institution of prejudicial force of judicial acts, the goals of its provision, and also presents analyses of operation of prejudicial force and bindingness of judicial acts in the presence of contradicting judicial acts that have come into force. The workanalyzes gaps in the legislative regulation of the institution of prejudicial force, as well as their possible negative consequences. Along with pointing out the existing problems, the article presents proposals to solve them. At the same time, the question of constitutionality of legislative norms regulating the institution of prejudicial force in civil procedure is being discussed.