Method of legal regulation in the system of criteria for the system formation of civil procedure law
Автор: Plotnikov D.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Частно-правовые (цивилистические) науки
Статья в выпуске: 4 т.24, 2024 года.
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The modern development of civil procedure law testifies to the lack of a unified judicial and legal policy towards understanding the essence and content of the branch of law. Evidence of this is the existence of a process for differentiating homogeneous public relations within various branches of legislation - civil, arbitration and administrative proceedings. The adoption of the CAS of the Russian Federation in 2015, and then, as a result of the constitutional reform, the legalization of the constitutional significance of arbitration proceedings became prerequisites for the intensification of scientific disputes regarding the legal nature of the unified civil procedure. These circumstances indicate the need to turn to the basics of structuring civil procedural law - rethinking the criteria for the system formation of the industry at the present stage. For this purpose, the article proves that the method of legal regulation has exhausted its possibilities as a universal criterion for the system formation of the industry. The use of the same type of legal means of legal regulation (imperative and dispositive methods) indicates that the method of civil procedure law acts exclusively as a subjective category, which depends on the goals and objectives of civil proceedings formulated by the legislator and the judicial and legal policy pursued. Consequently, the method of civil procedure law should be recognized solely as an additional criterion for the system formation of the branch of civil procedure law.
Method of civil procedural law, branch of law, criteria of system formation, imperative principles, optional principles, goals and objectives of legal proceedings
Короткий адрес: https://sciup.org/147247600
IDR: 147247600 | DOI: 10.14529/law240410