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КЛАСИФІКАЦІЯ СУДОВИХ ПОМИЛОК.
- Source :
- Uzhhorod National University Herald Series Law; 2024, Vol. 82 Issue 2, p194-200, 7p
- Publication Year :
- 2024
-
Abstract
- The article examines the classification and types of miscarriages of justice by specific criteria. It is established that the classification of miscarriages of justice may be based on various features or properties, but preference is often given to those which are essential and fundamental in nature, which contributes to a more accurate understanding of the essence of miscarriages of justice, identification of their impact on justice and development of appropriate response measures. With the help of classification, complex and heterogeneous legal phenomena are organized and generalized into groups, classes, types, etc. Classification is an important technique for structuring knowledge and simplifying its further analysis and interpretation. In the course of this study, the author proposes the following classification of miscarriages of justice: 1) depending on the impact on the legal fate of a court decision: substantial; insubstantial; 2) depending on objective perception: obvious; not obvious; 3) depending on the functional affiliation of the applicable rules: substantive; procedural; 4) depending on the procedural response: detected; latent; 5) depending on the scope: complete; partial; 6) depending on the type: technical; substantive; 7) depending on the reason: subjective; objective; 8) depending on the stage of the jurisdictional process of application of law: errors made in establishing the factual circumstances of a case; errors made in the legal qualification of these factual circumstances; errors made in making decisions in a case; 9) depending on the recurrence and prevalence: typical; atypical. It is noted that although the above classification does not claim to be complete and requires further refinement, its application in practice may make it possible to timely identify and prevent the consequences of such errors. Understanding the essence of different types of miscarriages of justice is key to developing effective mechanisms for their Studying these errors helps to identify the causes of their occurrence and develop a strategy for their prevention and correction. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Ukrainian
- ISSN :
- 23073322
- Volume :
- 82
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Uzhhorod National University Herald Series Law
- Publication Type :
- Academic Journal
- Accession number :
- 177833856
- Full Text :
- https://doi.org/10.24144/2307-3322.2024.82.2.31