MUTUAL ANALYSIS OF PROCEDURAL FAIRNESS AND PROCEDURAL LEGALITY IN THE CONDUCT OF CIVIL COURT CASES

Abstract

 This article analyzes the doctrines of procedural fairness and procedural legality in the conduct of civil court cases. The concepts of correct and timely consideration and resolution of civil cases were studied on the basis of the scientific and theoretical views of legal scholars. The “Basic Principles of Independence of Judges” approved by the UN resolution, as well as the principle of legal certainty in clear, complete, reasonable, fair, and understandable adjudication by courts, as well as the scientific-theoretical views of legal scholars on this subject, were analyzed, and the significance of the doctrine of stare decisis (standing in one decision) in the application of the principle of legal certainty, the horizontal and vertical functioning of this doctrine, the scientific definition of the concept of the principle of legal certainty, and reasonable proposals for the gradual introduction of the mechanism of implementation of this principle have also been analyzed. In conclusion, it should be noted that procedural fairness is superior to procedural legality in the conduct of civil court cases, in turn ensuring the true independence of the judge in making fair judgments, increasing the confidence of each person applying to the court in the justice system, and in the future “the principle of legal certainty” will be added to Chapter 2 of the Code of Civil Procedure as a new principle.