Modern discussion about the sources of civil procedure law

Автор: Golubtsov V.G., Valeev D. Kh.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 2, 2022 года.

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The article examines the sources of Russian civil procedural law. The relevance and debatability of this issue, the importance of assessment and study of non-traditional sources of civil procedural law in terms of their complementarity, as non-traditional sources of civil procedural law are the result of registration of those procedural legal regularities that determine the content of legal rules, applied in the practical activities of subjects of civil proceedings, are noted. By virtue of their inherent characteristics and distinctive features they should be recognized as significant sources of law and considered as an incentive to identify and eliminate gaps, conflicts, which are somehow present in traditional sources of civil procedural law. This approach is also consistent with the peculiarities of the implementation of the principle of the rule of law, which implies that the legal force of the source can be provided not only by the state, but also by the established objectified form of obligation.

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Sources of law, non-traditional sources of civil procedure law, complementarity

Короткий адрес: https://sciup.org/147238238

IDR: 147238238   |   DOI: 10.17072/2619-0648-2022-2-93-105

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