THE ENTRY INTO FORCE OF THE COURT’S JUDGMENT IS NOT THE CRITERION OF IT’S RIGHTFULNESS


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Abstract

In this article the author opposes to the dominant view in legal science that one of the criteria of rightfulness of court’s judgment and decision and legally important statements, which are included in judgment or decision, is entry into force of this judgment or decision. With several examples of general jurisdiction’s courts’ practice the author proves that often courts’ judgments and decisions, which are entried into force, are unlawful, but null and void judgments and decisions are rightful.

About the authors

Gundega Mikelsone

University of Latvia, Riga

Author for correspondence.
Email: gundegai.mikelsonei@gmail.com

Master of Philology, Master of Law, doctoral student in the University of Latvia, Faculty of Law, lawyer in the advocate office «Centrs»

Latvia

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