The role of the advocate in the ensuring the unity of the judicial practice in civil cases

Authors

DOI:

https://doi.org/10.21564/2414-990X.154.238834

Keywords:

advocate in civil proceedings, the Supreme Court, the unity of judicial practice, grounds for cassation appeal, legal opinions of the Supreme Court, the principle of legal certainty

Abstract

The presented work highlights the possible ways of the advocate's influence on the implementation by the Supreme Court of the function of ensuring the unity of judicial practice in civil cases. Without denying the status of the Supreme Court as a central institution in the field of forming unified approaches to law enforcement, attention is focused on the fact that the dynamics of procedural legislation in terms of regulating procedures for access to cassation in civil cases allows us to rethink the mission and content of the representative function of a lawyer at the appropriate stage of the civil process. Based on the analysis of the current edition of the Civil Procedure Code of Ukraine, it is argued that the ability of the advocate to be an active subject of influence on the formation of a unified law enforcement practice is most noticeably manifested when overcoming existing filters of access to cassation, in particular, when applying to the Supreme Court with a cassation appeal, which today demands from the advocate extended argumentation when proving the existence of grounds for cassation revision, with a thorough analysis of the established practice of the cassation court and, at times, giving reasons for the need to deviate from such practice and form new law enforcement approaches.

         Along with the above, among the individual methods of influence of the advocate on ensuring the unity of judicial practice, the filing of a petition for the suspension of proceedings on the basis of a review of a court decision in similar legal relations (in another case) by way of appeal by the chambers of the Supreme Court, as well as a petition to transfer the case for consideration The Grand Chamber of the Supreme Court in connection with the need to resolve an exceptional legal problem.

Author Biography

O. I. Popov, Yaroslavl Mudryi National Law University

Civil Procedure Department

Published

2021-10-25

How to Cite

Popov, O. I. (2021). The role of the advocate in the ensuring the unity of the judicial practice in civil cases. Problems of Legality, (154). https://doi.org/10.21564/2414-990X.154.238834

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE