Законы логики в гражданском и арбитражном процессах: применение и последствия их нарушения

Abstract

The article aims to show the effect of the logical laws in the law enforcement practice in the consideration of cases and the rendering of decisions by arbitral tribunals and courts of general jurisdiction. Violation of logical laws leads to an incorrect assessment of the circumstances of the case and the evidence presented by the parties, and as a result, to the adoption of erroneous judicial acts. The article describes and analyses four main laws of logic: law of identity, law of contradiction (non-contradiction), law of excluded third and law of sufficient basis. Examples of decisions by arbitral and general courts that contain errors of logic are given. Although procedural codes do not provide such a ground for setting aside as the violation of laws of logic, a decision in which the logical links are violated is unlikely to be justified, legal and fair.