THE EFFECT OF THE PRINCIPLE OF FORMAL (LEGAL) TRUTH IN CIVIL PROCEEDINGS IS A VIOLATION OF THE IDEA OF SOCIAL JUSTICE: POSING A PROBLEM

Kudriavtseva Vera Pavlovna

In the article, the author examines the principle of objective truth in civil procedure, which is currently considered obsolete. The relevance of the study of the designated topic is emphasized through the prism of problems in legislation and law enforcement, which are hidden and therefore difficult to identify. The purpose of the study is to raise the issue that the elimination of the principle of objective truth contributes to the leveling of the idea of social justice. The subject of the study is the normative regulation of public relations in civil proceedings to establish objective truth, as well as theoretical views available in the science of civil procedural law on the manifestation of the principle of objective truth in civil cases. To achieve this goal, both general scientific methods of cognition (analysis, synthesis, analogy) and the method of historical comparison, as well as the formal legal method, are used. The conclusions drawn can serve as a basis for reviewing the vector of reform of Russian legislation. For the first time in the science of civil procedure law, the question is raised about the contradiction of new ideas being introduced to the basic socio-political principles of the life of our state.

Keywords:objective truth; formal (judicial) truth; evaluation of evidence; equality of means of proof; principle of civil procedure law; principle of law