Применение духовно-нравственных ценностей при рассмотрении гражданских дел

Abstract

This article examines the application of spiritual and moral values in civil court practice. The author notes that the use of spiritual and moral values in justice allows for the filling of gaps in legislation. In civil proceedings, spiritual and moral values emerge as a new source of law alongside legal norms (procedural and regulatory (Articles 1 and 11 of the Civil Procedure Code of the Russian Federation)). Judges play an important role in determining which spiritual and moral values should be followed when considering civil cases. The first point of contact between legal and moral regulators is the use of evaluative categories in law (good faith, reasonableness, etc.). In judicial practice, the spiritual and moral category of "good faith" serves as a means of identifying abuses of law. The language of civil proceedings serves as a vehicle for spiritual and moral values ​​such as human and civil rights and freedoms, the unity of the peoples of Russia, the culture of interethnic communication, the Russian language, and others. The use of spiritual and moral values of Russian society, including "humanism," "reasonableness," and others, enables the court to make the right decision in a case that meets the requirements of legality and validity. The importance of using spiritual and moral values in civil proceedings is explained in numerous resolutions of the Plenum of the Supreme Court of the Russian Federation, including those used in writing this article.