Legal procedures theory (on the example of professor V.N. Protasov's research)

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In modern legal science, the established doctrine, its content, implementation and stability in the system of scientific provisions being formed are of great importance. The legal doctrine is considered as a system of ideas and views on problematic issues of regulation of social relations developed by legal science. To form the legal doctrine, systematic research activities are carried out, aimed at establishing the most relevant and demanded social and legal phenomena that need critical analysis and appropriate methodological design. One of the doctrines is the theory of legal procedures, as a set of legal means, implemented in the prescribed manner to obtain a specific legal result. Legal procedures are implemented in legal practice and are subdivided into material and procedural, law-making and law enforcement. In legal procedure research, the works of Professor Valery Nikolayevich Protasov are of great importance. The researcher made a significant contribution to the development of the theory of legal procedures, noting that the procedural mechanism in law is a complex and multi-stage system for implementing the law, which entails obtaining a given legal result. The legal procedure is designed to consistently determine the behavioral acts of authorized and obliged persons to achieve a specific result and realize legitimate interests in legal life. The legal procedure can be argued to be essential in lawmaking, interpretation, as well as law enforcement. The procedural form regulates in detail the subject composition, time parameters and territorial direction of legal activity. The consistent implementation of the procedural algorithm should inevitably lead to the desired legal result. The relevance of the legal procedure study lies in its relationship with the branches of law in the general system of law, as well as in the possibility of identifying, on the basis of the indicated ratio of qualitative errors in a particular branch of law, the development of a new mechanism of system models. However, such a study requires a certain clarification of the basis and structure of legal procedure theory, since they have some variability in the works of various researchers. The author shares the position of V.N. Protasov in legal procedure theory issues, which determines the choice of scientific works of the presented researcher as an example.

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Legal procedure, legal doctrine, legal science, Protasov, procedural mechanism, legal process, hierarchy, legal system, orderliness, dynamism, research potential, legal nature, legal model, legal result

Короткий адрес: https://sciup.org/140257873

IDR: 140257873   |   DOI: 10.36718/2500-1825-2021-2-138-146

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