The jurisdictional process as a rule of the legal contest
Автор: Efremenko Darya Olegovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 6, 2018 года.
Бесплатный доступ
The study describes the main approaches to understanding the adversariality in the modern legal science. The research presents the author’s view on adversariality in legal proceedings, investigates its possibilities in current types of process. Based on previous studies into the key forms of adversariality in the legal space, it is suggested that the nature of law and the nature of the adversarial system are interrelated. The author proposes to consider the law as a civilized way of resolving social conflicts in a competitive environment; adversariality is reviewed as an attribute of the activities of judicial bodies charged with jurisdiction to deal with disputes in the social and legal space. The research analyzes the content of adversariality in the basic forms of jurisdictional activity. The author attempts to identify the patterns that underlie the rules determining the nature and specific features of the jurisdictional process.
Jurisdictional process, social competition, nature of law, conflict, theory of law, theory of state and law, legal contest, adversariality, nature of adversarial system, social and legal space
Короткий адрес: https://sciup.org/14939134
IDR: 14939134 | DOI: 10.24158/tipor.2018.6.15