THE CONCEPT OF JUDICIAL ERROR IN CIVIL PROCEEDINGS AND ITS THEORETICAL ANALYSIS

Abstract

In this article, the concept, types, and content of legal error in civil proceedings are highlighted, and judicial error as one of its types is analyzed from a theoretical and scientific point of view. In the course of the research, the opinions and judgments of various legal scholars were studied, and based on their definitions, the essence and content of judicial error were widely elucidated. In this case, the concept of judicial error and the causes of its occurrence are analyzed from a theoretical and practical point of view. The causes leading to a judicial error, in turn, are divided into two groups, namely subjective and objective factors. If the subjective factors in the occurrence of a judicial error are errors arising from problems related to the judge’s qualification level, his mental state, then the objective factors are the high volume of work in the courts and the presence of contradictory situations in the legislation. Also, the scope of influence of a judicial error on judicial acts, especially decisions, was studied, and the circumstances that can be eliminated by the courts of first instance themselves in the event of a judicial error, as well as the circumstances leading to the cancellation or amendment of judicial acts by higher courts, were analyzed. Based on the results of this analysis, the judicial error was divided into three groups: factual, related to the norms of substantive law, and arising from procedural errors. The grounds for violation of the norms of procedural law cited in the civil procedural legislation were analyzed, and solutions and proposals were made regarding the shortcomings in these rules. As a theoretical and scientific proposal, the author’s definition of a judicial error is given, which, deviating from the goals and objectives of civil proceedings, leads to the adoption of judicial acts in violation of the rights and interests of citizens and business entities established by law, hinders the achievement of justice, or leads to the discrediting of legal norms. As a proposal to the current legislation, amendments and additions are made to Article 3724 of the Civil Procedure Code of the Republic of Uzbekistan.