THE PRINCIPLE OF FORMAL (LEGAL) TRUTH IN CIVIL PROCEEDINGS: THE DANGERS OF LAW ENFORCEMENT AND THE INTERNAL CONTRADICTION OF LEGAL REGULATION

Kudriavtseva Vera Pavlovna

This article continues to achieve the goal of researching the problems of deep contradiction between the principle of formal (judicial) truth and the goals of civil procedure. The subject of the research is the existing developments in the theory of civil procedural law, the empirical base consists of materials of law enforcement practice. The research was conducted using general scientific methods of cognition (analysis, synthesis, induction, analogy), as well as the method of historical comparison, the formal legal method. The problem is considered from the standpoint of a systematic approach. According to the results of the research, the author demonstrates the latent contradiction of the idea of formal (legal) truth to the fundamental provisions of civil procedure law, which can be used in the analysis of other recent reforms in the field of law. For the first time in the theory of civil procedure law, the question is raised about the contradiction of a single idea being introduced at the present stage of legal reform to a system of well-established basic provisions, which generates an internal logical inconsistency of the Russian legal system.

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