Civil procedural law. The place of civil procedural law in the system of Russian law. Process Science (Most Important)

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Civil procedural law. The place of civil procedural law in the system of Russian law. Process Science (Most Important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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7. THE PLACE OF CIVIL PROCEDURAL LAW IN THE SYSTEM OF RUSSIAN LAW. PROCESS SCIENCE

Any branch of law cannot function separately from other branches. They interact with each other, as they regulate various facets of social relations.

First of all, the domestic system of law is divided into substantive and procedural law.

Civil procedural law interacts with:

1) civil law - is substantive law and establishes rules binding on all citizens, as well as liability in case of violation of these rules. Civil procedural law regulates the procedure for considering cases resulting from violations of substantive law. The civil process ensures the enforcement of violated or contested subjective civil rights, family, labor and other material rights of individuals and legal entities.

2) constitutional law - the Constitution of the Russian Federation has direct effect and supreme legal force. Procedural norms cannot contradict the Constitution of the Russian Federation. If any legal relationship is not regulated by law, the norms of the Constitution of the Russian Federation can be directly applied;

3) criminal law - is expressed in the fact that the Criminal Code of the Russian Federation contains criminal law sanctions that reinforce the norms of civil procedural law;

4) arbitration procedural law - the process in arbitration courts and courts of general jurisdiction goes through similar stages. However, unlike civil proceedings, arbitration is designed to administer justice in the field of entrepreneurial and other economic activities. The subjects of the arbitration process are legal entities and citizens who are individual entrepreneurs. 5) administrative law - the norms of administrative law regulate the procedure for the adoption of administrative acts and their effect, and civil procedural law - the procedure for appealing them.

The subject of the science of civil procedural law - civil procedural law itself in close connection with the practice of its application.

Method of science of civil procedural law - first of all, the method of dialectics, on the basis of which the norms of civil procedural law are studied in their formation and development, in conjunction with other social phenomena. The science of civil procedural law widely uses both private (concrete) methods and techniques for studying scientific problems (comparative legal, concrete sociological, especially generalization of judicial practice, analysis of statistical data, questioning, etc.).

Tasks of the science of civil procedural law - this is the definition of the way for the further development of democracy in the field of civil justice and the comprehensive improvement of the institutions of civil procedural law in order to achieve their greatest efficiency.

Into the system of science the components of the subject of its study are included:

1) civil procedural law:

a) civil procedural law of Russia;

b) civil procedural law of foreign countries;

2) non-judicial forms of protection of the rights of citizens and organizations:

a) notary;

b) arbitration courts.

Author: Gatin A.M.

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