The legal process as a subject of research in the modern theory of national law
Автор: Isayev Eduard Evgenievich
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 2 (52) т.14, 2023 года.
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Introduction: the article provides a general legal analysis of one of the most important areas of theoretical jurisprudence - the juridical process. During the analysis author's attention is focused on the relations between "judicial" and "juridical" process, notes the differences, similarities and interactions of the two processes. The variety of views of Russian scientists on the explanation of the judicial process as a category, activity or legal phenomenon is being explored. A value-based approach is used in understanding the legal process as a key and effective component of the legal system. The study focuses on the choice of methodological tools that can be used to study the legal process comprehensively and in all its diversity of scientific understanding, taking into account the type of legal understanding. Materials and Methods: in the course of the study, the author used universal, general scientific, and particular scientific methods. The methodological expediency of using the structural-functional and interdisciplinary approaches was substantiated. Results: based on the analysis of the Russian legislation, as well as the provisions in scientific publications of leading Russian jurists in studying the legal process, the conclusion is made about the need, first of all, of a modern methodological update of the ways and methods of studying this concept. Discussion and Conclusions: the author substantiates the use of interdisciplinary and structural-functional approaches in the study of legal process, opens up the possibility of studying the relationship "judicial process" and "juridical process", from the perspective of modern legal understanding, taking into account the goals and objectives of legal regulation of social relations in general, as well as procedural-legal regulation and law enforcement, knowledge of which is important both for legal science and practice.
Methodology, methodological levels, legal process, procedure, law, legal activity, procedural norms, proceduralism, law enforcement, law formation
Короткий адрес: https://sciup.org/142238217
IDR: 142238217 | DOI: 10.37973/KUI.2023.19.71.001