THE PRIMARY TASK OF CIVIL PROCEEDINGS AS THE PRINCIPAL GUIDELINE FOR THE FAIR ADJUDICATION OF CIVIL CASES

Abstract

This article is devoted to a comprehensive doctrinal study of the primary objective of civil proceedings as a key benchmark for the fair adjudication of cases. It is argued that the primary objective of civil proceedings is not a declaratory principle but a legislative imperative. It is demonstrated that its three-component structure (fair, impartial and timely adjudication) serves as the primary benchmark of justice, which must take precedence over any procedural formalism in order to achieve the ultimate goal - the effective restoration of infringed rights. The essence of a fair trial is revealed, taking into account judicial practice. The author proposes his own understanding of the task of civil proceedings. Based on an analysis of the works of domestic scholars and the case law of the European Court of Human Rights, it is demonstrated that respect for the right to a fair trial is a guarantee of state stability. It is concluded that the legally enshrined objectives of civil proceedings serve as a fundamental guideline and criterion for ensuring the fair adjudication of cases.