Validity of judgements in civil and administrative cases

The article deals with the validity of judgements in civil and administrative cases on the basis of the analysis of the Civil Procedural Code of the Russian Federation, the Administrative Court Procedure Code of the Russian Federation, the Civil and Family Codes of the Russian Federation. The importance of judgement as an act of justice can be explained by the aim to arrange and stabilize substantive ties. A judgement can perform such function when court's findings will be valid for the subjects of substantive relations. The institution of judgement's validity comprises three components characterizing its essence: a) concept (or content) of validity; b) the effective time of validity; c) objective and subjective limits of validity. The validity of judgement from the viewpoint of its inner content is a set of such its characteristics (or qualities) which ensure the stability of proven facts and legal relations as well as the protection of violated (contested) rights, freedoms and legal interests of substantive relations. The validity of judgement has such characteristics as invariability, cogency, exclusivity, prejudicialness, bindingness, enforceability. The invariability of a judgement means such a quality of its validity which makes a judgement final and unalterable by means of a prohibition against its changes and reverse after it came into force. The cogency of a valid judgement implies a prohibition addressed to those involved in a trial against appealing it. Exclusivity is such a property of a valid judgement that ensures stability of court's findings by means of prohibition against a repeated claim by the parties to a trial and a repeated hearing by court. Being a property of a valid judgement, prejudicialness is a bilaterally binding prohibition addressed to the court and parties to a trial against another estimation and litigation of the facts and legal relations in other civil or administrative trials. The bindingness of a valid judgement is a quality which ensures the stability, firmness and irreversibility of it in non-procedural sphere i.e. beyond the limits of concrete legal relations within the frame of which the given judgement was passed. Being a characteristic of a valid judgement, enforceability ensures its stability by procedural means and ways, by voluntary or forced realization of authoritative prescriptions contained in the judgement. The effective time ofjudgement depends on its appealing. The objective limits of judgement's validity are restricted by the framework of an adjudicated case. The subjective limits are, as a rule, restricted by the scope of persons involved in a case.

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