A Special Court Ruling as a Procedural Sanction in Civil Procedure

Abstract

The lack of a uniform approach to understanding the legal nature of a special court ruling leads to a multifaceted judicial practice of its applying and reduce the effectiveness in carrying out optional tasks of civil procedure that include strengthening legality, preventing violations, and fostering a respectful attitude toward the law and the judiciary. The aim of the research is to determine the possibility of classifying a special court ruling as a civil procedural sanction. The author uses methods of comparative analysis, synthesis, generalization, and other scientific methods. As a result, the author concludes that special court ruling combines two distinct groups of judicial acts under a single name, differing in their legal nature. The first group has an exclusive signaling character and can not be regarded as a civil procedural sanction. These special court rulings are based on non-procedural violations and procedural violations, if the judicial act is not directly addressed to the guilty parties. They aim to verify and take measures to eliminate or prevent the violation. The status of a procedural sanction can only be applied to a special court ruling adjudicated upon the detection by the court of civil procedural violations committed by subordinate courts or other process participants which have a guilt in the committed violation. Such special court rulings entail the censure of the violator and impose additional burdens on the application of measures aimed at preventing violations and reporting them to the court. The scope of application of this research is proceeding.