A Miscarriage of Justice and the Most Relevant Ways to Cope with it in the Conditions of Arbitration and Civil Procedure Transformation in the 21st Century

The work is devoted to studying the definition and legal nature of judicial error, the specifics of its occurrence in the practice of courts of general jurisdiction and arbitration courts, as well as identifying trends in reducing the risk of its occurrence in the law enforcement activities of courts. It has been established that at present there is no legal concept of a miscarriage of justice, the scientific literature operates with different lexical meanings of the term, and in judicial practice there has been an understanding of a miscarriage of justice as a discrepancy between a court decision and the norms of substantive and procedural law. It has been determined that the only way to eliminate judicial errors is to review judicial decisions by a higher court, the mechanism of which, due to its procedural and legal nature, does not create preventive measures, eliminating only the consequences of identifying a judicial error. As a result of the study, the authors come to the conclusion that it is necessary to develop an innovative and universal way to reduce the risk of a miscarriage of justice, which is considered in the presented work as testing artificial intelligence in the judicial process; the authors cite the experience of foreign countries as evidence of the relevance of the proposal.