The prejudicial fact is ... Well-known and prejudicial facts

In any litigation, regardless of its direction, there are certain nuances and subtleties. Often the outcome of a case depends entirely on their knowledge and understanding. Unfortunately, the legal literacy of the population is far from the desired level, and it is quite difficult to find a really standing lawyer. This article talks about what a pre-judicial fact is. This knowledge is necessary not only for a specialist in the field of jurisprudence, but also for ordinary people who are currently deciding issues related to court hearings.

Explanation of the term

Explanation of any information should begin with the basics. First you need to determine the meaning of the term. So, a pre-judicial fact - this concept, which came to us from the Latin language, means "relevant to the previous judicial decision." In simple terms, prejudice is a "predestination". In the legislative acts of Russia there is no definite fixed interpretation of the term. The point is that prejudicial facts are facts that do not require proof in all subsequent courts in this case, since their existence is already established by a court decision that has entered into legal force. All further meetings must accept this information without any checks or proofs.

Provisions of prejudice

Well-known and prejudicial facts in the materials of the case must be accepted by the court without the need to repeatedly prove and verify them. In addition, it is noted that such facts are forbidden to be refuted in subsequent processes. These changes took effect in 2010. Until then, facts that had been questioned by any party could be rechecked by courts, prosecutors, investigators or investigators. Now this action is prohibited by law, which is prescribed in the Criminal Code in Article 90 of the same name "Prejudice." In addition, this rule extends not only to criminal proceedings, but also to cases related to arbitration and civil cases. There is also the Federal Law regulating the principle of prejudice and in tax relations - No. 383-FZ of December 29, 2009.

Prejudicial facts in the civil process

The Civil Code has an interesting nuance. To designate it it is possible so: the term "prejudice" is not present, and here the principle exists. It is formulated as "the basis for liberation from proof". Prejudicial facts in the arbitration process have the same feature. The judge of the arbitration or civil process is required to clarify in advance of the dispute the information on the existence of court decisions that have already taken place, with the participation of these persons. It means not only the plaintiff and the defendant, but also other people interested in the outcome of the case.

"Inactive persons"

In the Arbitration or Civil Procedure, a pre-judicial fact is a circumstance that is taken into account when considering cases with the same composition of persons in the process as in the previous one. If the person did not appear in the previous meeting, it can file a separate claim. At the same time, judgments that are legally binding in the past are not binding for a judge. Moreover, these decisions are not of a recommendatory nature. If the court makes a different conclusion to the dispute than in the judicial act of the previous meeting, it must indicate its motives.

Article 69 of the Arbitration Procedural Code, which refers to the same composition of persons participating in the new process, does not imply full identity of the composition of the participating entities. At the same time, there is no clear criterion for the degree of identity. Conclusion: in most cases, whether the court will accept the fact as a pre-judicial one depends on the particular judge, as well as the persuasiveness and perseverance of one or another side of the process.

The question of the legality of judicial acts

At the discretion of the court, the question can not be raised whether to take prejudicially established facts. This is the norm established by law. It is the law that determines its limits, order, and consequences. The purpose of prejudice is to eliminate contradictions between judicial decisions. For the courts, this means that it is not possible to reconsider the established facts, for the parties to the process - a ban on the provision of evidence on them. If the court does not take into account prejudiciality, there are ways to uphold one's rights. Such a decision may be appealed in the appeal procedure, or cassation. Since failure to take into account prejudice is a violation of the party's legal rights, the decision on this litigation can be reversed.

It should be noted one more point. Arbitration courts do not have the authority to examine the legality of judicial acts of other instances. In turn, the decision on the legality of acts of the Arbitration Court has no right to consider the courts of general jurisdiction.

Open questions about prejudice

Prejudicial fact is a concept that is clearly fixed only in the Code of Criminal Procedure. In arbitration and civil record management, this concept is rather blurry, resulting in controversial situations. Sometimes the use of prejudice entails a violation of human rights and freedoms. In some situations, the application of this rule contradicts the position of the Constitutional Court. In addition, there is no clear prioritization between judicial instances and acts of judicial proceedings at various levels. Another problem is the obsolete norms of law. If the fact is tied to obsolete legislation, it often contradicts human rights and the position of the court. Proceeding from the listed list, it would be more reasonable to leave the prejudice to the discretion of the court, but at the same time not to remove this rule from the legislation and not to reduce its importance in legal proceedings.

Examples of prejudice in arbitration and civil proceedings

The most common example of the use of prejudice in the arbitration process is debt collection. For example, the organization has recovered from the counterparty debt for the delivered lots of goods. The second process will be recovery of penalties and compensation for damages due to violation of the terms of payment for goods shipped. In the second process, it is not required to prove the existence of a debt for a certain date specified in the contract between the partners.

An example in the civil process is the following: the mother of the child filed a lawsuit in order to determine the child's place of residence together with her. The purpose of the next claim is the recovery of alimony from the father in favor of the child.

What matters to the arbitration court

So, in the final of the article we sum up. It is described below that it is not necessary to prove in arbitration court:

• The well-known circumstances of the case, originally established in an arbitration court or a court of general jurisdiction, with the participation of the same composition of persons is not necessary.
• The facts that were established by the first arbitration court are relevant to the following dispute. The composition of persons should be the same as in the first trial.
• Circumstances affecting persons in the current process established by a court of general jurisdiction, the composition of persons does not matter.
• The sentence passed by the criminal court on the presence / absence and committing / failure to act. The composition of persons does not matter.

In the judicial act, there should be notes on the reference to 2 p. 69 Art. The AIC of the Russian Federation, the details of the pre-judicial judicial act (case number, the date of consideration, and the name of the court), and the facts that became the basis of this case are set out, which have been proved earlier.