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The article analyzes the content of the concept of groundlessness of a judicial act in the context of the grounds for canceling and changing judicial decisions that have not entered into legal force in civil proceedings. Based on the analysis of normative sources, the author reveals the content of the validity of the judicial act in conjunction with proving the circumstances necessary for the adoption of a particular procedural decision. After analyzing the points of view of various scientists, the author shows the presence of various approaches in determining the unfoundedness of a judicial act, shows his vision of the issue under study. Attention is drawn to the fact that the degree of validity of the judicial act depends on a combination of certain factors and circumstances that are disclosed by the author based on judicial practice. In conclusion, the author reveals what elements make up the content of the concept of unfoundedness of a judicial act, concludes that the unfoundedness of a judicial decision as a legal category needs further comprehensive scientific and practical research. The author proposes to correct the list of grounds for cancellation, formulated in Part 1 of Art. 330 of the Code of Civil Procedure of the Russian Federation in order to improve the procedural mechanism for revising judicial acts.
Кострова et al. (Wed,) studied this question.