Equality in the mechanism of the legal contest
Автор: Efremenko Darya Olegovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 10, 2018 года.
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The study deals with the legal equality, namely its place and role in the mechanism of the legal contest enhanced while resolving legal disputes. The author interprets equality not only as a part of the legalized principle of the process but also as a separate element of the mechanism under consideration. The research is based on the analysis of the universal nature of such legal phenomenon as adversariality, resulting in various spheres of society through the availability and launch of the internal mechanism of the contest. The author defines the meaning and content of equality in this mechanism and the jurisdictional process as a whole. This is made possible by balancing the essential elements when highlighting the functional role of equality for the parties.
Jurisdictional process, legal contest, adversariality, nature of adversarial system, nature of law, social and legal space, equality, mechanism of legal competition, element of the mechanism, principle of law, theory of law, theory of state and law
Короткий адрес: https://sciup.org/149132695
IDR: 149132695 | DOI: 10.24158/tipor.2018.10.13