Imperative method in civil proceedings. The concept of civil procedural law and its meaning

Method , used in the regulation of relations in the field of civil proceedings, is characterized as imperative-dispositive, that is, combiningimperative method regarding the regulation of issues related to the actions of the court, anddispositive method in regulating the behavior and procedural activities of the participants in the trial. The civil procedure in the Russian Federation is organized in such a way that persons interested in a certain outcome of the case are themselves active in relations with the court, without being imputed to them as a duty. For its part, the court has no right to disregard and evaluate any procedural action of a participant in the process. As a result of the consideration of the case, the court is obliged to make a decision, which acquires binding force, provided by the mechanism of state coercion.
Some proceduralists express the opinion that the method of regulating relations in civil procedural law has features only of imperativeness, since the subject of regulation of the industry is the relationship between the authority - the court and other participants in the process, who are obliged to obey the decisions of such a body.
Part 4 of Art. 1 of the Code of Civil Procedure of the Russian Federation, it was established that in the absence of a rule of procedural law governing relations arising in the course of civil proceedings, federal courts of general jurisdiction and justices of the peace apply the rule governing similar relations (analogy of law ), and in the absence of such a norm, they act on the basis ofprinciples of administration of justice in RF ( analogy of law ) [ The principles of administering justice in the Russian Federation, which are applied by analogy with law, are disclosed in the Constitution of the Russian Federation, the Law on the Judicial System and the Code of Civil Procedure of the Russian Federation (for example, Articles 5-10). The possibility of applying the principle of analogy in civil proceedings has been repeatedly challenged. However, due to the fact that civil procedural law is increasingly acquiring features of discretion, and due to the impossibility of settling all categories of cases that arise in courts, the principle of analogy in civil procedural law is of great practical importance. So, the rules on leaving a statement of claim without movement (Art. 136 of the Code of Civil Procedure of the Russian Federation) can be applied by analogy to an application for the issuance of a court order (Art. 123 of the Code of Civil Procedure of the Russian Federation).
It is difficult, and sometimes impossible, to envisage in the legislation all the variety of situations that may arise in the procedure for considering and resolving a specific civil case. In this regard, in judicial practice, it is quite often necessary to overcome the gaps in the legal regulation of procedural activities and the related relations between the subjects of legal proceedings using the analogy of law or law.
Principles can be expressed not only by individual articles, but also by their whole group or institutions. A combination of these methods of consolidation in relation to a particular principle is also possible, for example, a principle can be enshrined in an article containing its name, and then concretized in a number of other articles of the law.
In the current civil procedural legislation, a number of principles are formulated in the idea of general legal provisions containing the name and a brief description of the essence of the principle. For example, Article 5 of the Code of Civil Procedure enshrined the principle of administering justice only by the courts (in the educational literature, it is customary, along with the procedural principles, to set out the beginning of legal proceedings Vlasov A.A. Civil procedural process: Textbook - M .: TC Welby, 2004 - p. 38 so, this principle is enshrined in article 118 of the Constitution of the Russian Federation), article 8 of the Code of Civil Procedure - the independence of judges and their subordination only to the law. Some principles of civil procedure law are enshrined in a number of articles of legislation. Thus, the widest and most specific for civil procedure principle of dispositiveness is enshrined in Articles 3, 4, 9, 30, 34, 282 of the Civil Procedure Code of the Russian Federation and others Civil Procedure: Textbook // Ed. V.A. Musina, N.A. Chechenina. - M .: Prospect, 1999. - p.33 ..
The modern meaning of the principles is that they:
· Contribute to the unification of norms and institutions in a given branch of law, i.e. are, in addition to the subject, methods and tasks of legal regulation of social relations, an individualizing feature of the relevant branch of law;
· Expressing the most important principles of civil procedural law, serve as the initial basis for the interpretation of the norms of this law, understanding their meaning and significance;
· Defining the structure and characterizing the main features of the civil procedural law of the Russian Federation, serve as starting points when comparing them with the civil procedural law of foreign states Civil procedure: A short guide for preparation for exams // Otv. ed. prof. V.V. Yarkov - M .: Publishing house. BEK, 2000 - p. 15 ..
The principles should not be confused with the objectives of the civil procedure. The tasks of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legally protected interests of individuals and legal entities, as well as the rights and legally protected interests of the Russian Federation, its constituent entities, federal government bodies, government bodies. authorities of the constituent entities of the Russian Federation and local authorities, rights, freedoms and legally protected interests of other persons who are subjects of civil, labor, administrative-legal or other legal relations. Civil proceedings should contribute to strengthening the rule of law and law and order, the prevention of offenses, the formation of a respectful attitude towards law and court (Article 2 of the Code of Civil Procedure of the Russian Federation).
Method of civil procedural law as a way of influencing relations regulated by this industry - imperative-dispositive, which manifests itself in the composition and legal status of the subjects of legal relations, the nature of legal facts, rights and obligations, sanctions.
The combination of imperative and dispositive beginnings reflects, first of all, the specifics subjects of civil procedural legal relations: court as an obligatory participant in all civil procedural legal relations, on the one hand, and other subjects, on the other. The imperativeness of the method of legal regulation is determined by the fact that all civil procedural relations are relations of power and subordination by virtue of the participation of the court in them - the body of the state authorized to administer justice and vested with powers of authority. The court is obliged to strictly comply with the provisions of the law and demand the same from all participants in the civil process. Only the court as an authority has the right to apply the measures of coercion provided by the procedural law. Dispositiveness reflects another aspect of the impact of civil procedural law: free exercise of the granted rights and assigned duties, but within the framework of the law; equality of rights and obligations in relation to the same type of subjects (the parties in the process are equal, etc.); guarantee of rights and obligations. Taken together, discretion and imperative character characterize the method of civil procedural law.
The development of adversariality as a principle of civil proceedings does not affect the existing imperative-dispositive method, since the court, ceasing to be the subject of collecting evidence, still has power over all other participants in the process. Moreover, the position of the court as an authority is strengthened with the development of the above principle.

Exists several classifications of principles of civil procedural law depending on what type of features is recognized as a starting point:
1. Depending on the action in the system of law: general, expressing the most capacious concepts and valid for all areas of civil procedural law; intersectoral - typical for several branches of this law; branch - valid only for one branch of law.
2. According to the form of normative consolidation of civil procedural law: principles enshrined in the Constitution of the Russian Federation, and principles enshrined in the legislation on legal proceedings.
3. By role in regulating the procedural and legal status of subjects of legal relations: principles that determine either the procedural and legal activities of the court and the judicial enforcement authority, or the procedural activities of persons taking part in the law and other participants in the process.
4. On the subject of regulation: principles of organization of justice (court system, legal proceedings) and principles of procedural activity (legal proceedings).
5. By importance among the principles of civil procedural law, fundamental (absolute) (for example, discretion, equality of parties, judicial leadership) and constructive (relative) are distinguished.
Justice in the Russian Federation is carried out on the basis of equality of citizens and organizations before the law and the court. The equality of participants in civil transactions before the law and the court follows from the content of Art. 1 of the Civil Code of the Russian Federation, which proclaimed the recognition of the equality of participants in the relations regulated by it, inviolability, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, restoration of violated rights, and their judicial protection.
The value of the principles of civil procedural law is determined, first of all, by their influence on rule-making activity. When making various changes to the legislation, the rule-making bodies should not allow the new norms of law to contradict its current principles.
The importance of the principles of procedural law is also great for law enforcement; they determine the main forms and methods of justice in civil cases, the essence of the procedural form of civil proceedings.
The classification of principles is understood as the division of their composition into separate groups according to some criterion, called the basis for the classification of the principles of civil procedure. The principles of civil procedural law are divided according to their content and scope (general legal, intersectoral, sectoral principles and principles of individual legal institutions).
General legal principles- these are principles that are inherent in all branches of law, including civil procedural law. They are democracy, humanism and legality.
Cross-sectoral principles- these are the principles of civil procedural, criminal procedural and some other branches of law. These should include the principles of administering justice only by the court, the equality of all citizens before the law and the court, the independence of judges and their subordination only to the law, collegiality in the consideration of cases, the national language of legal proceedings, publicity, objective truth, public participation.
Industry principles- these are principles inherent only in civil procedural law (discretion, adversarial, procedural equality of the parties). Sectoral principles of civil procedural law are enshrined in its rules of law, which regulate public relations arising in the consideration and resolution of civil cases, revision of court decisions, as well as in the execution of judicial or other decisions in enforcement proceedings.
The principles of individual legal institutions are procedural principles inherent, for example, only to the institution of judicial proceedings in civil cases (spontaneity, orality).
Treushnikov M.K. in the theory of procedural branches of law (civil, arbitration) classifies on the basis, as an object of legal regulation:
On this basis (basis), the entire composition of the principles of civil procedural law is divided into two large groups: principles organizational and functional, i.e., determining the structure of ships and the process at the same time, and the principles functional, defining only the procedural activities of the court and other participants in the civil process. These principles include: the principle of legality, the principle of discretion, competition, equality of the parties, etc.
Among the basic principles of civil procedural law is the principle of discretion. It is characterized by the fact that it is the most specific principle of civil procedural law.
organizational and functional principles, that is, determining the structure of the courts and the process at the same time, and functional principles determining only the procedural activities of the court and other participants in the civil process
Principles of civil procedural law- the main provisions on the basis of which the specificity, essence and content of this branch of law is determined.
The meaning of the principles:
1) are important democratic guarantees of justice in civil cases;
2) the court is guided not only by specific civil procedural norms, but also by the principles of procedural law;
3) contribute to the correct interpretation of all norms of civil procedural law;
4) contribute to overcoming gaps in civil procedural law. Application of the analogy of law or law is possible only on the basis of the principles of civil procedural law;
5) determine the structure and essential features of civil procedural law, its general provisions;
6) determine the content of the procedural law as a whole;
7) cover all norms and institutions of civil procedural law;
8 indicate the purpose of the process and methods of achieving it;
9 predetermine the nature and content of the activities of subjects of law, the general direction of development and further improvement of this industry.
All additions and changes that are made to the civil procedural legislation are formulated primarily based on the principles of the industry.
Structure of principles civil procedural law consists of the following components:
1) the presence of certain ideas in the field of legal consciousness, including the legal consciousness of judges and other lawyers, and in legal science;
2) consolidation of the relevant provisions in the current legislation;
3) implementation of the principles of law in a specific area of public relations.
The system of civil procedural law includes the whole set of principles of this branch of law in their relationship and interdependence.
Classification of the principles of civil procedural law.
1. By the nature of the normative source in which a specific principle is enshrined:
1) constitutional principles:
a) the administration of justice only by the court; b) the independence of judges and their subordination only to the law; c) the principle of the irremovability of judges; d) the principle of immunity of judges; e) the principle of adversariality; f) the principle of equality before the law and the court; g) the principle of publicity of court proceedings ...
2) the principles enshrined in the Code of Civil Procedure of the Russian Federation:
a) the principle of individual and collegial consideration of a civil case; b) the language of civil proceedings; c) the principle of discretion; e) the combination of oral and written language; f) the principle of immediacy; g) the principle of continuity.
2. Depending on whether the relevant principles apply in one or more industries:
1) cross-industry; 2) specific industry-specific;
3. For the object of regulation:
1) organizational and functional principles - they are both the principles of organizing justice (judicial) and functional; 2) functional - thanks to these principles, the main functions of the court are implemented; 3) organizational - they determine the procedure for organizing the activities of the court.
The principles of civil procedural law are not only theoretical, but also practical.:
1) reflect the essence of legal proceedings, its democratic procedural and organizational principles;
2) formulate the qualitative features of the civil procedure;
3) act as the guarantor of the legal, fair and reasonable administration of justice;
4) characterize both the main points of the process and all civil procedural law in general.
You cannot arbitrarily cancel, change, introduce new civil procedural principles. A change in one principle may entail a radical transformation of the essence of the civil process, its subject composition, the rights and obligations of the parties and the possibilities of protecting the rights, freedoms and legitimate interests in general.
There are the following basic principles of civil procedural law.
The principle of legality represents the exact and unswerving observance, application and execution of laws by all authorities, officials and citizens, ensures the protection of the rights of citizens, determines the legal status of the court and participants in legal proceedings, characterizes law enforcement measures.
Organizational and functional
administration of justice by court only... This principle is enshrined in Part 1 of Art. 118 of the Constitution of the Russian Federation and means that no other bodies have the right to carry out legal proceedings. The judicial system in the Russian Federation is established by the Constitution of the Russian Federation and the corresponding constitutional law. The creation of emergency courts is not allowed. Citizens have the right to appeal against decisions of other bodies in court;
equality of citizens and organizations before the law and court.
This principle was consolidated in Art. 19 of the Constitution of the Russian Federation and Art. 6 Code of Civil Procedure of the Russian Federation. Gender, race, national or religious affiliation, language, origin, place of residence, membership in any public associations, property and official status cannot serve as a basis for preference in granting rights;
independence of judges... Judges are independent and are subject only to the Constitution of the Russian Federation and laws. Judges consider cases in conditions that exclude outside influence on them. Any interference in the activities of judges in the administration of justice is prohibited and entails liability established by law (Article 8 of the Code of Civil Procedure of the Russian Federation);
state language of legal proceedings... The state language of the Russian Federation is Russian. Therefore, legal proceedings in the courts of the Russian Federation are conducted in Russian. However, since Russia is a multinational state, legal proceedings can also be conducted in the national language of the subject of the Federation or in the language spoken by the overwhelming majority of the population. The right to participate in the process, make motions, give explanations, file complaints, etc. in the native language must be explained to the citizen.
TO functional the following principles apply:
dispositiveness... This principle means the freedom of the persons involved in the case to dispose of their rights, to determine the forms and methods of protection of rights. For example, when filing a claim, the plaintiff independently determines the defendant, indicates the scope of the claim. The court is entitled to a certain control over the actions of the parties. The court does not accept acts of disposition of citizens of their rights (recognition of a claim, rejection of claims, conclusion of a settlement agreement, etc.) if they contradict the law or violate the rights and interests of other persons;
equality and adversarial nature of the parties... In a civil proceeding, the parties have equal or comparable procedural rights and obligations (for example, the plaintiff has the right to file a claim, change the basis, subject of the claim or the scope of the claim, reject the claim, and the defendant has the right to file objections to the claim or counterclaim, recognition of the claim ).
Equal rights are also enjoyed by third parties who do not make independent claims on the subject of the dispute, who are on the side of the plaintiff and the defendant. Third parties submitting independent claims, the prosecutor, participants in the proceedings defending the interests of other persons also have the rights of a party.
The adversarial nature means that the parties in the process are opposed to each other and the resolution of the dispute is a legal proceeding. Each party is obliged to prove the circumstances to which it refers. The court makes a decision in favor of the party that proves the validity of their claims;
principle of procedural activity of the court... In accordance with Part 2 of Art. 12 of the Code of Civil Procedure of the Russian Federation, the court, while maintaining independence, objectivity and impartiality, guides the process, explains to the persons participating in the case, their rights and obligations, warns about the consequences of their commission or non-performance of procedural actions, renders assistance to the persons participating in the case in the exercise of their rights , creates conditions for a comprehensive and complete study of evidence, establishing the factual circumstances and the correct application of legislation in the consideration and resolution of civil cases;
combination of oral and written language of legal proceedings.
Claims, petitions, written evidence are presented in writing, but read out in the process.
The trial itself is conducted orally, but a written record is kept. The judgment is drawn up in writing and announced orally;
principle of judicial truth means the establishment of specific facts of the considered legal relationship in the form as they existed in reality. The personal relationships of the parties, the subjective qualities of the participants in legal relations, etc., remain outside the scope of the trial. The court establishes only the facts necessary to make a lawful, reasoned and fair decision. Each party is obliged to prove the circumstances to which it refers. Accordingly, if the party does not prove any circumstance, even if it existed in reality, the court makes a decision on the basis of the established facts.
TO principles of the institution of procedural form relate.
single or collegial consideration of a case.
The specific composition of the court when considering the case is determined on the basis of Art. 14 Code of Civil Procedure of the Russian Federation;
publicity of proceedings means holding an open court hearing in most categories of cases with the possibility of the presence of anyone who wishes. A closed trial is conducted only in the cases listed in Part 2 of Art. 10 Code of Civil Procedure of the Russian Federation.
organizational and functional principles , i.e. determining the structure of ships and the process at the same time, and functional principles , defining only the procedural activities of the court and other participants in the civil process.
These two groups of principles are interconnected, and often one and the same principle acts both as an organizational-functional and as a functional one. The division of principles into two groups is somewhat arbitrary.
Principles of civil procedural law, enshrined in international acts
The principles of civil procedural law are reflected in international instruments, for example, in the recommendations of the Committee of Ministers of the Council of Europe Recommendation of the Committee of Ministers of the Council of Europe of May 14, 1981 No. R (81) 7 "The Committee of Ministers to member states on ways to facilitate access to justice" // - Russian justice. - 1997. - No. 6 ..
One of the characteristic features of judicial knowledge is the conduct solely for the purpose of a legal, reasonable and fair resolution of a civil case within the framework of a disputed legal relationship. Therefore, the results of judicial knowledge should be called judicial or legal truth. The court can legally apply a legal norm not to some abstractions, but to specific legal facts, fully and correctly established in the manner prescribed by law (by way of judicial evidence). Without a study of the circumstances of the case, judicial enforcement activity is inconceivable. That is why the law imposed on the court the obligation to establish the actual circumstances of the case, the rights and obligations of the parties (Article 14 of the Civil Code) as a condition for the legal and reasonable resolution of a civil case. Civil procedural law. Textbook / S.A. Alekhina, V.V. Blazheev et al. - M .: "Prospect" 2004. - p. 52-55.
One of the most controversial and unresolved problems at the legislative level in modern procedural law is the issue of the admissibility of procedural analogy, that is, the extension of the rule to cases that are not provided for by the legislator but are similar in essence.
The main argument against the procedural analogy can be called the well-known (but not fixed anywhere) principle, according to which the regime "prohibited everything that is not permitted by law" applies to public-law relations (which also include procedural ones), in contrast to the private-law sphere. In addition, the procedural form forms the basis of the relevant legal proceedings. It is she who has a formative effect on the activities of all participants in the process. The principle of procedural formalism is fundamental in procedural law, since it is through it that the strict imperative method of public law is expressed, aimed at ensuring equality of the parties by establishing clear, formally defined, known "rules of the game". Such an innovation as a procedural analogy, it would seem, undermines this principle, introduces an element of uncertainty and instability in procedural relations, opens the way for abuse of this institution, judicial arbitrariness. In this sense, it is undoubtedly preferable to fill possible gaps not with the help of the analogy of the law (and even more so the law!), But with urgent legislative measures.
etc.................

Civil procedural law and civil procedure are two concepts related as general and private.

Civil procedural law- an independent branch of law in the system of Russian legislation, which is a set of rules governing the activities of courts of general jurisdiction, as well as aimed at protecting violated and disputed rights and legitimate interests of citizens and organizations entitled to defense.

Giving a definition of the term "civil procedure", it is necessary to consider it in several aspects - as an academic discipline, science and practice for the consideration and resolution of civil cases.

Civil procedure as an academic discipline is a system of knowledge defined by the educational process in the field of legislation and the practice of its application.

Civil procedure as a science is a set of theories, teachings, doctrines, and also prescriptions in the field of civil proceedings. Civil procedure as a practical activity for the consideration and resolution of civil cases is the activity of a court aimed at protecting the violated or contested right and regulated by the norms of civil procedural law.

The tasks of the civil procedure in accordance with Art. 2 of the Civil Procedure Code of November 14, 2002 No. 138-FZ (Code of Civil Procedure of the Russian Federation) are:

1) correct and timely resolution and consideration of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, other persons who are subjects of civil, labor or other legal relations;

2) contributing to the strengthening of the rule of law and law and order, the prevention of offenses, the formation of a respectful attitude towards the law and court.

The action of the civil procedural law in time means that the court adopts the civil procedural law in effect at the time of the procedural actions, regardless of which law was in force at the time of the emergence of civil legal relations.

Action of the law in space.

The procedure for legal proceedings is uniform throughout the territory of the Russian Federation. All courts on the territory of the Russian Federation apply the same procedural legislation. None of the participants in civil procedural legal relations can establish any procedural rules.

The subject of civil procedural law is public relations arising between the subjects of civil procedural law in the field of civil proceedings. In addition, the subject of civil procedural law is also the rule of law governing the administration of justice in the Russian Federation.

The method of legal regulation of civil procedural law is a set of techniques, methods and means by which the Russian state regulates social relations arising in connection with and in connection with the administration of justice by the courts. There are two types of methods of legal regulation: imperative (the method of imperative prescriptions) and dispositive (freedom of administrative actions within the framework of the law).

The method of civil procedural law combines elements of an imperative (imperative prescriptions) and a dispositive (permissible) nature.

The imperativeness of the method of civil procedural law is determined by the fact that:

All civil procedural relations are relations of power and subordination by virtue of the participation of the court in them - the body of the state authorized to administer justice and endowed with powers of authority;

The civil procedure is based on civil procedure, that is, according to the procedure for legal proceedings strictly determined by law.

Dispositiveness expressed:

In the free exercise of the granted rights and assigned duties, but within the framework of the law

Equality of rights and obligations between subjects of the same type (the principle of equality of parties in the process, etc.);

Guarantee of rights and obligations.

The system of civil procedural law consists of General and Particular part.

a common part- it is a system of norms and legal institutions covering all stages of the civil process. The general part corresponds to sect. I "General Provisions" of the Code of Civil Procedure of the Russian Federation.

Special part regulates the movement of the case along the procedural stages of proceedings from initiation to the completion of civil procedural activities (Sections II-VII of the Civil Procedure Code).

G. p. Ave. As one of the main branches of law of the Russian Federation interacts with other branches of law.

The closest connection is with material branches of law: with civil, family, housing, labor law.

G. p. Pr. Is very closely related to criminal procedure law, since both branches are procedural, they determine the order of work of the same bodies - courts of general jurisdiction, they also have many common principles of activity (oral, direct, etc.), they are similar in procedural form.

The method of legal regulation is a very capacious concept characterized by many components: the procedure for establishing the rights and obligations of the subjects of the relevant legal relations, the degree of certainty of their rights, the degree of autonomy of actions, etc.

The method of legal regulation in its most general form is a set of techniques, ways of influencing legal norms and rules on specific social relations.

In the theory of law, there are two main methods of legal regulation - imperative and dispositive. They are often associated with two blocks of legal norms, or two legal regimes - public and private.

The dispositive method assumes the legal equality of the participants in the legal relationship. Thus, the participants in the process are endowed with the same amount of procedural rights. The emergence and development of the process, the transition from one stage to another depends on the will of the stakeholders. Appealing against judicial acts also depends on the will of the interested parties.

The imperative method is the method of imperative prescriptions; it is characteristic primarily of power relations, relations between the court and other participants in the process. The court makes enforceable decisions of authority.

Thus, civil procedural law actively uses both methods of legal regulation. Due to this, the method of civil procedural law is dispositive-imperative Civil procedure: Textbook / N.P. Antipov, V.A. Babakov, I.A. Volkova and others; ed. A.G. Kovalenko, A.A. Mokhova, P.M. Filippov. M .: KONTRAKT, INFRA-M, 2008.448 p.

Civil procedural law regulates public relations by a dispositive-permissive method. This means that the initiative for the emergence of civil cases belongs to the interested parties, and not to the court. The court does not initiate civil cases on its own initiative. Appealing against judicial acts and, as a rule, their execution also depend on the will of the interested subjects of procedural law. Most of the rules of civil procedural law are permissive, not prohibitive. Participants in the process can only occupy one procedural position inherent in them and perform such procedural actions that are allowed and provided for by the norms of procedural law Civil procedure: textbook / V.V. Argunov, E.A. Borisova, N.S. Bocharova and others; ed. M.K. Treushnikov. 5th ed., Rev. and add. M .: Statut, 2014.960 p.

In connection with the general characteristics of the method of legal regulation of civil procedural law in the educational literature, the opinion was expressed that in this branch of law a dispositive-permissive method of regulation is used See: Civil Procedure: Textbook / Ed. M.K. Treushnikov. M., 2003. S. 30 .. According to another point of view, the imperative-dispositive method is inherent in civil procedural law. See, for example: Civil procedural law: Textbook / S.А. Alekhina, V.V. Blazheev et al. / Ed. M.S. Shakaryan. M., 2004.S. 11; Osokina G.L. Civil procedure. A common part. M., 2004. S. 24 .. E.M. Muradyan writes that the combination of such independent methods as imperativeness and disposition is devoid of organicity. In her opinion, permission (legal permission) is typical for the sphere of administrative, but not civil procedural law, and in the civil procedure there is a dispositiveness, which, as a method, cannot coexist with the authorization procedure for regulation See: Muradyan E.M. On textbooks on civil procedure // State and Law. 2000. No. 4. P. 119 ..

In any branch of law, there are both mandatory and dispositive elements of legal regulation. At the same time, the general characteristic of the method of the legal industry can be based on the most typical, dominant, priority used means and methods of influencing legal relations. Therefore, the judgment about the imperative-dispositive nature of the method of the branch of law, at first glance, does not reveal the specifics of the method of regulation, since, including the opposite methods of legal regulation, it does not allow, as a result, to identify which method is dominant. But such a conclusion would be valid in relation to branches of law, where generally similar means and methods of legal regulation are applied to all subjects of legal relations (for example, civil law, characterized by the legal equality of subjects of legal relations). However, one of the features of civil procedural legal relations is that here different methods of legal regulation are to be applied to each of the parties who are in an unequal legal position. In this regard, such a characteristic of the method of this industry is not excluded, which includes methods of regulation that are opposite in their content. At the same time, it is important to focus on which subjects of legal relations this or that component of the method is dominant. In this regard, when determining the method of civil procedural law, it seems necessary to take into account the peculiarities of the impact of the norms of this industry, respectively, on the court and on other subjects of civil procedural legal relations.

A feature of the procedural position of persons participating in the case who have a substantive legal interest in the outcome of the case is that, in most cases, in relation to such persons, on the one hand, a permissive method of regulation is used (you can perform procedural actions that are permitted by law), on the other hand, a dispositive element of the method of legal regulation is manifested, which consists in the fact that the indicated persons are given the opportunity to dispose of the procedural rights belonging to them by their own will and in their interest (subject to the fair use of these rights). V.V. Komarov believes that dispositiveness as one of the parties to the method of civil procedural law is manifested precisely in the general legal status of these persons, and not in the specifics of the formation of the rights and obligations of these persons and the court Komarov V.V. Method of legal regulation of civil procedural relations: Author's abstract. dis. ... Cand. jurid. sciences. Kharkiv, 1980. S. 13 .. In the formation of the procedural rights and obligations of the persons involved in the case and the court, discretionary elements are practically absent, since in the civil process the mutual rights and obligations of the participants in legal relations are not determined by the agreement of the parties.

The structure of the judicial system and the organization of the bodies for the administration of justice should also be considered as an obligatory element of the civil procedure system. The organizational component is an important factor in the development of law. As an element of the legal system, it is interpreted by the doctrine of criminal law and, indirectly, other branches of law. In civil proceedings, it is of particular importance. Considering that the implementation of civil procedural legislation is carried out in the courts, the specifics of their organization has a great impact on both the enforcement and the improvement of specific legal norms. Therefore, the idea of the national civil procedure system will be incomplete if we exclude from its composition the structure of the judiciary, the specifics of its organization.

Thus, the civil procedural system consists of four groups of elements: legal norms, procedural actions, scientific views and the organization of the judiciary.

The system of civil procedural law is determined by a set of civil procedural rules that regulate justice in civil cases and ensure the fulfillment of the tasks of civil proceedings.

As part of civil procedural law, one should distinguish between general provisions related to the content of the entire process, and the rules governing proceedings at individual stages of the process, including enforcement proceedings, as well as rules governing procedural actions with a foreign element. Based on this, two parts are distinguished in the system of procedural law - general and special. The provisions of the general part are also important for the institutions of the special part.

Article 14 of the Civil Code of the Russian Federation allows for the self-defense of civil rights. Meanwhile, self-defense is far from always effective, and often simply impossible. For example, on the basis of Art. 125 of the RF IC it is impossible to adopt a child out of court, but by virtue of Art. 29 of the Civil Code of the Russian Federation, only a court can declare a citizen incapacitated, who, due to a mental disorder, cannot understand the meaning of his actions or control them.

In everyday life, citizens and legal entities are often faced with the need to protect violated or disputed civil rights and legally protected interests. Failure to pay wages, causing harm, failure to fulfill the alimony obligation, the seller's refusal to reimburse the cost of poor-quality goods - many are familiar with such violations of civil, family and labor rights. Controversial situations entail the need for justice, that is, in a "court of law", in the activities of a competent state body - a court - to turn controversial legal relations into indisputable ones, to remove obstacles in the implementation of civil rights, and eliminate the consequences of offenses. Article 11 of the Civil Code of the Russian Federation states: "The protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, by a court, an arbitration court or an arbitration tribunal."

In cases where civil rights and legally protected interests are protected by courts of general jurisdiction and justices of the peace, we are talking about civil proceedings.

Judicial protection of civil rights among other forms of protection has always occupied a special place, since it provided persons interested in protection with a high degree of efficiency in achieving truth and justice, guaranteed the use of measures of state coercion in the restoration of violated or disputed rights.

Civil proceedings are the activities of courts of general jurisdiction and justices of the peace, regulated by federal law, for the consideration and resolution of disputes arising from civil, family, labor, housing, land, environmental and other legal relations, cases of order and special proceedings, cases arising from public relations, as well as the exercise by the courts of the protection of other rights and interests protected by law.

Civil proceedings- one of the most difficult forms of law enforcement. Through civil proceedings, the state responds to civil wrongs; civil proceedings help subjects to exercise those rights that cannot be exercised without the help of a court.

Civil proceedings are an integral part of civil proceedings, which in a broad sense includes enforcement proceedings, arbitration proceedings, arbitration proceedings and notaries. So, civil procedure and civil procedure are related as private and general.

However, sometimes in the educational literature, the study of the basics of civil procedure begins with the definition of a single concept of "civil procedure (civil proceedings)". Thus, it is assumed, if not identity, then at least the proximity of these concepts1. At the same time, when studying specific institutions of civil procedural law, jurists note that judicial procedural activity ends with the resolution of the case. Experts in the field of international civil procedure also point to the end of the civil procedure by the issuance of a judicial act.

Some jurists equate civil procedure and judicial law, assuming their identical essence as “systems of scientific knowledge about the law, procedure and rituals of civil proceedings” 3. Meanwhile, in general legal terms, “judicial law” is understood as a kind of “super-branch” (“over-branch”) that combines criminal procedural, civil procedural law, administrative proceedings, as well as judicial norms.

In the textbook of the Ural procedural school, despite the absence of traditional brackets, the term "civil procedure" is defined as a set of procedural actions and relations that develop between the court and other subjects when considering and resolving a civil case.

Actively developed in the 1970s. the theory of a “single legal process” 6 brought out the thesis that procedural law includes everything that establishes the procedure and fixes the form of performing any actions.

Civil procedure is a necessary component of the state's procedural and legal mechanism. A procedural and legal mechanism is understood as a dynamic system of legal means, with the help of which the protective activities of state and other specially authorized bodies in the field of jurisdictional law enforcement are streamlined.

Article 2 of the Code of Civil Procedure of the Russian Federation defines the goals and objectives of civil proceedings.

Purpose of civil proceedings- protection of violated or disputed rights, freedoms and legitimate interests of citizens and organizations, the rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, other persons who are subjects of civil, labor and other legal relations. To achieve this goal, a wide range of procedural means and strict regulation of all procedural actions, civil procedural form are provided.

The specificity of the goals of justice is that:

they are normatively established;
they are addressed to the court;
they are subject to implementation when considering and resolving civil cases;
failure to comply with the norms that established them is the basis for the application of procedural sanctions.

Tasks are an elementary structural part of the goal of civil proceedings. At the beginning of the XX century. several tasks of civil proceedings were identified, which were simultaneously considered the principles of the judicial system:

the application of an abstract rule of law to particular cases, the so-called mediation between law and life;
support of the legal order;
restoration of violated rights and punishment of offenders;
an opportunity for citizens to calmly use their property and the fruits of their labors.

At the present stage, the tasks of civil proceedings are divided into three components:

fair - correct and timely consideration and resolution of civil cases, clarification of legal relations between the subjects of civil procedure;
law restorative - recreating the original situation that existed before the civil offense, and if this is impossible - fair compensation to the victim for the consequences of unlawful behavior;
preventive (preventive) - the prevention of civil offenses, strengthening the rule of law and law and order, the formation of a respectful attitude towards the law and the court.

If, before the reform of civil proceedings in 2000, one of the main tasks was the correct and prompt consideration and resolution of civil cases by the courts, now the requirement for speed of court proceedings has been replaced by the requirement for timeliness. Thus, the timeliness of protection of violated or challenged rights, freedoms and legally protected interests of individuals and legal entities is legally enshrined as one of two factors (along with correctness) that determine the effectiveness of the administration of justice. Delaying the trial, as well as the issuance of illegal and unfounded decisions and rulings, infringes upon the constitutional right of citizens to judicial protection and diminishes the authority of the judiciary and the Russian state as a whole.

The civil procedure is governed by the norms of civil procedural law.
Civil procedural law is an independent branch of Russian law, an integral set of procedural rules governing the procedure for administering justice in civil, family, labor, housing, land, environmental and other cases by courts of general jurisdiction and justices of the peace.

Civil procedural law as an independent branch of law has all the signs of a generic concept - a branch of Russian law. Like any other branch of law, civil procedural law will be such if, being a systemic set of norms, it has its own subject of legal regulation, a specific method of legal regulation, its own regulatory framework (sources). Activities regulated by the industry should have their own specifics: both in terms of the subject composition and the functions performed by the subjects, and in terms of the connections that arise and develop between the participants in legal relations. Responsibility for violations of the norms of sectoral legislation should also be special.

The subject of any branch of law answers the question: what do the rules of this branch regulate? The subject of legal regulation of civil procedural law is the social relations that develop between the court and other subjects in the process of civil proceedings. In this case, we are talking only about public relations subject to legal regulation. In a civil process, illegal relations cannot develop, at least for its subjects only those connections and actions that are provided for by law and in the form in which they should be performed are important. The formula is simple: only legal objects take place in the legal field.

The peculiarity of procedural relations is manifested in the fact that they are a necessary means of applying protective material norms, as well as a means of ensuring their observance.

Civil procedural law is a procedural branch of law and, like any procedural branch of law, is characterized by the fact that it regulates legal relations in their dynamics. Therefore, the subject of its regulation includes not only legal ties between participants in legal relations, but also procedural activities for the implementation of these ties.

As an independent branch of Russian law, civil procedural law has a special method of legal regulation.

Method legal regulation of the branch of civil procedural law is a set of legal means, legal methods and ways by which the Russian state regulates and influences public relations arising in connection with and in connection with the exercise by courts of general jurisdiction and magistrates of justice in civil cases. As a result of such a complex, systemic impact, a general model of lawful behavior of participants in civil proceedings is formed.

The specificity of the method is predetermined by the goals and objectives set by the legislator for the relevant subject of regulation.

The theory of law distinguishes between the legal basis of the method, its state support and the actual functioning of the already established method of legal regulation. At the same time, law acts as the basis for the formation of a method, while the state ensures the functioning of both the method as a whole and all its components. On the other hand, the method itself has an impact on the form of regulation, and through it - on the industry system. The law predetermines the static state of the method, and the state - the dynamic, functional one. All components of the method of legal regulation (legal means, legal techniques and methods) are formed in the process of the law-establishing activity of the state, and their functioning is carried out within the framework of law enforcement and law enforcement activities.

V.V.Komarov names the following constituent features of the method of legal regulation of the industry:

special ways of origin, change and termination of legal relations;
a special procedure for protecting the rights and ensuring the fulfillment of the obligations of the subjects of production;

the specifics of the application of measures of state coercion for violation of the requirements of the legislation.

The method of civil proceedings is imperatively-dispositive.

Imperative the method is manifested in the imperiousness of judicial activity in the field of civil proceedings, in the control of the court over the implementation by the parties of their own discretionary powers, in the publicity of the civil procedure.
Dispositiveness the method of civil procedural law for the parties is determined by the fact that the basis of their procedural rights and obligations are the norms of the material branches of law (civil, family, etc.), in which the parties are legally equal and where the freedom of their administrative actions is assumed.

However, dispositiveness as a category is applied only in relation to private entities, and not to the state and its bodies, whose procedural rights often follow from their own responsibilities, which leads to the use of categories of a different plan - “powers”, “competence”, “jurisdiction”, etc. .p. Procedural rights are granted to the state and its bodies in order to fulfill their obligations to protect the subjective rights and legitimate interests of citizens and organizations.

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"Method of civil procedural law"

Introduction

Conclusion

Introduction

The problem of building the rule of law in our country is not as urgent at the present time as, for example, 20 years ago. It would seem that over the past years it has been possible to re-form the legal regulation of practically all spheres of public life. A lot of legislative acts have been adopted. Almost every generally accepted branch of law has a codified act. Outwardly, the domestic legal system is "exemplary". If there are gaps, then, of course, they are incomparably fewer than in previous periods. However, the level of implementation of legal norms can hardly be recognized as effective.

Civil procedural law as an integral part of the system of all law of our state inevitably interacts with most branches of law.

The relationship between civil procedural law and constitutional law can be identified in two aspects: the commonality of the sources of both branches of law. The Constitution of the Russian Federation is the main source of constitutional law, but the most important principles of justice are fixed in the same act; the relationship with certain subsectors of constitutional law, we are talking about the judicial system and prosecutorial supervision.

The purpose of the test is to study the methods of civil procedural law.

Test tasks:

1. Study of the concept of civil procedure, goals, objectives, types and stages of civil proceedings.

2. Consideration of the concept of civil procedural law, subject and system.

3. Characteristics of methods of civil procedural law.

1. The concept of civil procedure, purpose, objectives, types and stages of civil proceedings

Pre-revolutionary proceduralists defined civil procedure "as a form of judicial implementation of substantive civil law in order to protect the same interests that are meant by substantive law, but are not sufficiently provided for. The ultimate goal of the process is that the law not only existed, but also operated, because through the process, the state itself brings the law to the implementation ... Therefore, the civil process is the procedure for the compulsory implementation of civil law, and is reduced to a set of norms that determine the mode of action of both existing bodies for the protection of law and the persons enjoying this protection, or one way or otherwise attracted to her "Reader on Civil Procedure / Under total. ed. M.K. Treushnikov. M., 1996.S. 10.

Modern domestic science defines civil procedure (legal proceedings) as a system of actions (I.M.Zaitsev) regulated by civil procedural law, activities (M.S.Shakaryan, M.A. Gurvich) of the court, persons participating in the case and other participants in the process, a set of procedural actions and civil procedural legal relations that develop between the court and other subjects when considering and resolving a civil case by a court of general jurisdiction (V.V. Yarkov).

M.K. Treushnikov, on the contrary, focuses on the observance of the procedural form in the movement of the case. By his definition, civil procedure is the movement of a civil case from one stage to another, ordered by the norms of procedural law, aimed at achieving the ultimate goal - the restoration of the right or protection of an interest protected by law. Civil procedure: Textbook / Ed. M.K. Treushnikov. - M .: Gorodets, 2014.S. 12. ...

Synthesizing the positive aspects of these definitions, we can draw the following conclusion: civil procedure is the activity of the subjects of legal proceedings in the administration of justice in civil, labor, family, land and other cases, regulated by the civil procedural law and carried out in a certain procedural form.

The tasks of civil proceedings in accordance with Art. 2 of the Civil Procedure Code of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation) are correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, and others. persons who are subjects of civil, labor or other legal relations. Civil proceedings should contribute to the strengthening of law and order, the prevention of offenses, the formation of a respectful attitude towards the law and court. In other words, the civil procedure fulfills legal, preventive and educational functions.

The purpose of the civil procedure is to restore the violated and protect the disputed rights, freedoms and interests of citizens and organizations. The types of civil proceedings are action proceedings, order proceedings, proceedings in cases arising from public law relations, and special proceedings. Claims production is the main type of the process. The majority of cases are considered in the claim procedure. A lawsuit is a proceeding aimed at resolving disputes between individuals over subjective rights and obligations. Order proceeding is a summary procedure for the protection of rights based on indisputable evidence. In the framework of proceedings on cases arising from public law relations, disputes related to violation of the political rights of citizens, as well as actions, acts and decisions of state bodies, local self-government bodies, officials and employees of these bodies are considered. There is no legal dispute in special proceedings.

The stages of the trial are a certain part of the process, a set of actions and decisions aimed at fulfilling the goal of this stage of the proceedings.

In the civil process, the following stages are distinguished:

1) initiation of a civil case. At this stage, a person whose rights have been violated, or a person who has a certain legal interest in satisfying his application, applies to the court with a request to protect the legally protected interest (resolve a dispute about the right, state the presence of certain legal facts, conditions, recognize the actions of an official as illegal etc.). The request of a person must be drawn up with a statement, the details of which are clearly regulated by the Code of Civil Procedure of the Russian Federation. The plaintiff (applicant) can apply to the court in person, or he can send the application by mail. When accepting the application, the judge checks whether the rules for filling out the application have been followed, whether the jurisdiction has been correctly determined. After reviewing the application, the judge makes a decision on whether to accept it for proceedings or to refuse to accept it. This definition ends the first stage of legal proceedings;

2) preparation of the case for trial. At this stage, the judge clarifies the circumstances of the legal relationship, indicates to the parties the need to present certain additional evidence or helps in obtaining them, determines the exact subject composition of the process, and takes measures to reconcile the parties. The result of this stage is the issuance of a ruling on his appointment to trial;

3) the trial of a civil case takes place in a court session, i.e. court session is a procedural form of court proceedings. At this stage, the case is considered on its merits, the evidence presented is investigated and evaluated, the stated requirements are satisfied or a decision is made to refuse to satisfy them. A court ruling that adjudicates a case on the merits is called a judgment.

These three stages - from the acceptance of the application (complaint) to the delivery of a court decision - are united by the concept of "court of first instance".

4) appeal against decisions and rulings of a court that have not entered into legal force (proceedings in a court of second instance are carried out according to the rules of proceedings in a court of first instance, taking into account the rules provided for by the relevant chapters). On appeal, decisions and rulings of justices of the peace are appealed and contested. A cassation appeal may be filed against decisions and rulings of all courts in the Russian Federation, taken at first instance, with the exception of decisions of justices of the peace, by the parties and other persons participating in the case, and a cassation presentation may be brought by the prosecutor participating in the case;

5) revision of decisions and rulings in the order of supervision as a stage of the trial means revision in the supervisory manner of judicial decisions that have entered into legal force, with the exception of Judicial decisions of the Presidium of the Supreme Court of the Russian Federation. Court decisions can be appealed or challenged in a supervisory manner within a year after their entry into legal force;

6) revision of decisions on newly discovered circumstances. The grounds for reconsideration on newly discovered circumstances of a decision, a court ruling that entered into legal force are (part 2 of article 392 of the Code of Civil Procedure of the Russian Federation):

Circumstances material to the case that were not and could not have been known to the applicant;

Deliberately false testimony of a witness, deliberately false expert opinion, deliberately incorrect translation, falsification of evidence, which entailed the adoption of an illegal or unreasonable decision, court rulings and established by a court verdict that entered into legal force;

Crimes of the parties, other persons participating in the case, their representatives, crimes of judges committed during the consideration and resolution of this case and established by a court verdict that entered into legal force;

Cancellation of the decision, sentence or ruling of the court or the decision of the state body or local self-government body that served as the basis for the decision or ruling of the court;

7) there are numerous discussions about the attribution of enforcement proceedings to the stage of civil procedure in science. In our opinion, enforcement proceedings are a full-fledged stage of civil proceedings, since the Code of Civil Procedure of the Russian Federation regulates certain provisions of proceedings on the execution of court orders and decisions of other bodies.

2. The concept of civil procedural law, subject and system

Civil procedural law is a branch of the law of the Russian legal system. This branch of law is a system of legal norms governing the procedure for considering and resolving civil, family, labor, housing and other cases referred to the competence of courts of general jurisdiction, as well as the execution of their decisions.

Civil procedural law contributes to the protection, protection and restoration of violated rights, freedoms and interests of citizens, organizations, foreigners and stateless persons.

For the recognition of a set of legal norms as a separate branch of law, certain conditions are necessary:

1) its subject of legal regulation;

2) the originality of the methods of legal regulation;

3) the consistency of the presentation of legal norms.

The subject of any branch of law is certain legal relations, the regulation of which is aimed at this branch. In its most general form, the subject of civil procedural law can be defined as legal proceedings, a process, i.e. the subject of this branch is procedural legal relations and procedural actions related to the administration of justice in civil cases.

In our opinion, one should agree with the scientists who propose to link the method of legal regulation of civil procedural law with the procedural form of legal proceedings Vikut M.A., Zaitsev I.M. Civil Procedure: A Course of Lectures. - Saratov, 1998.S. 9.. Indeed, the procedural form determines the movement of the process by stages, equality of rights of the parties, regulates the administration of justice in civil cases.

Traditionally, in the system of civil procedural plan, two parts are distinguished: general and special. You can also highlight a special part of the civil procedure.

In the general part, the norms governing the general provisions of legal proceedings, which are related to the entire process in content, are combined: the principles of the civil procedure, the composition of the participants in the process, jurisdiction and jurisdiction, terms, costs, as well as evidence and proof.

The special part determines the movement of the case through the procedural stages of the proceedings, as well as certain types of legal proceedings.

In a special part, it is possible to combine specific rules governing legal proceedings with the participation of foreign persons, challenging decisions of arbitration courts, as well as proceedings related to the execution of court orders and decisions of other bodies.

Each part contains the norms, combined into legal institutions, which are a set of norms governing a certain type of legal relationship. In the civil procedure, one can distinguish the institutions of jurisdiction and jurisdiction, responsibility of the parties, representation in court, court order, review of the case by way of supervision, etc.

3. Methods of civil procedural law

The general scientific methods used in the analysis of civil procedural law are dialectical analysis, methods of objectivity and comprehensiveness of knowledge, the transition of quantitative changes to qualitative ones, the ascent from the abstract to the concrete and from the concrete to the abstract, analysis and synthesis, induction and deduction, historical and comparative methods, systemic and activity approaches, as well as other general philosophical techniques.

General scientific methods are of great importance in the research of branch legal sciences. These methods make it possible not only to study particular issues of a particular science, but also to reveal its content from a general scientific standpoint. In civil procedural law, these methods are especially relevant in the modern period. As T.V. Sakhnova, civil proceedings "sorely lack a" view from above ", a philosophical understanding of the process and its patterns, development trends Sakhnova TV Science of civil procedural law: traditions and modernity // Civil procedure: science and teaching / Ed. By M.K. Treushnikova, EA Borisova. M., 2005. S. 32. General scientific methods make it possible to determine the relationship, place and role of private science in the system of general scientific knowledge. In jurisprudence in general and in civil procedural law in particular, these methods allow you to avoid reducing scientific research to commenting on laws and the practice of their application. With their help, analysis of the effectiveness of legal norms in various areas of public life, forecasting the consequences of legal transformations. In the civil process, the use of these methods is also due to the specifics of the essence of justice and its place in public life.

Private scientific (non-legal) methods are characterized by the fact that they are not used in all scientific research, but only in special sciences. That is, a separate method is the main means of researching a specific science. These methods include psychological, mathematical, cybernetic, sociological, political science and sociocultural techniques and methods. Each of them is a key method for studying the corresponding science. However, to enrich the methodological base of research, they can be applied in other sciences as additional methods. Often, their use allows you to reveal the subject of research from new positions.

The importance of private scientific (non-legal) methods in jurisprudence lies in the fact that they allow you to assess the impact of law on various spheres of public life. Legal methods are aimed at studying only the rule of law, they do not go beyond the framework of legal relations. This analysis does not take into account the conditions for the implementation of legal norms. An extensive literature is devoted to criticism of normativeism. For example, E.N. Trubetskoy writes about the one-sidedness of the narrowly positive understanding of law prevailing in jurisprudence, about the falsity of identifying law only with official law. Works on the philosophy of law. SPb., 2001.S. 493. Nevertheless, the use of non-legal methods in jurisprudence continues to be the exception rather than the rule. As for the civil procedure, such methods are practically not used. At the same time, the methods of non-legal sciences expand research opportunities, making it possible to assess the operation of a legal norm not only in the legal environment, to get out of it, to show the interaction of law with other areas of public life.

In civil procedural studies, the use of methods of non-legal sciences is advisable from both theoretical and practical positions. These methods enrich theoretical research, since they provide an opportunity for additional argumentation and substantiation of a particular thesis or point of view. As for the practical side, the application of these methods makes it possible to take into account not only the legal aspects of legislative transformations, but also the consequences in the field of economics, politics, social life and the general socio-cultural situation in society. Their application makes it possible to predict the impact of specific legal norms on the state and development of society in various spheres of life. Private scientific (non-legal) methods make it possible to more effectively assess the impact of legislation on public relations.

Another group of methods for analyzing civil procedural law are general legal methods. These include formal dogmatic, historical legal and comparative legal methods, as well as a way of interpreting law. These methods form the core of any branch legal science Tarasov N.N. Methodological problems of legal science. Ekaterinburg, 2011.S. 239.

One of the key legal methods is formal dogmatic. It is considered the main method of legal research. At the same time, its concept, as well as the procedure for its application, are a debatable problem. M.S. Strogovich emphasized that the essence of the formal dogmatic method lies not only in studying the existing norms of law, but also in considering them "as a closed, self-contained, gap-free system, from which - and only from which - the lawyer derives all legal provisions" Strogovich M.S. ... Philosophical foundations of legal science // Abstracts of reports and messages at the Interuniversity conference on theoretical and methodological problems of legal science. Chisinau, 1965, p. 24.

The one-sided application of the formal dogmatic method is criticized by many scientists. I.A. Pokrovsky noted that "without changing its purpose to cognize law as a certain set of really operating norms, dogmatic jurisprudence cannot go beyond this reality, cannot tackle any other questions: its very methods are suitable only for its immediate task." .A. The main problems of civil law. M., 2001.S. 60.

In addition to general legal methods, methods of other (non-civil procedural) legal sciences are also used in civil procedural studies: for example, the method of state-legal modeling used by the science of constitutional law, etc. Maleshin D.Ya. Methodology of civil procedural law. M .: Statut, 2010.S. 95.

The method of legal regulation in its most general form is a set of techniques, ways of influencing legal norms and rules on specific social relations.

In the theory of law, there are two main methods of legal regulation - imperative and dispositive. They are often associated with two blocks of legal norms, or two legal regimes - public and private.

Thus, civil procedural law actively uses both methods of legal regulation. Due to this, the method of civil procedural law is dispositive-imperative.

In addition to the subject and method, other signs can be used to substantiate the independence of civil procedural law. Let us note only a special subject composition as a very pronounced feature of this branch of law. So, the main subjects of civil procedural legal relations are the court and the persons participating in the case.

Thus, civil procedural law is a set of rules governing public relations that arise between the participants in the process and the court in the administration of justice in civil cases.

Some authors supplement this definition with an indication of a court of general jurisdiction. This approach is caused by attempts to justify the independence of arbitration procedural law as a branch of law. However, an arbitration court is a specialized court of civil jurisdiction, designed to resolve certain categories of civil cases. In our opinion, there are some problems with the allocation of its own (different from civil procedural law) subject and method of legal regulation, but if you wish, you can select your subject composition (the presence of an arbitration court) and your main source of legal regulation (APC RF). Note also: the experience of creating specialized courts in the field of economic jurisdiction is very contradictory Grebentsov A.M. Development of economic jurisdiction in Russia. - M., 2002.S. 94. , which makes it difficult to predict the progressive development of the rules of arbitration procedural law in the future Civil procedure: Textbook / N.P. Antipov, V.A. Babakov, I.A. Volkova and others; ed. A.G. Kovalenko, A.A. Mokhova, P.M. Filippov. - M .: KONTRAKT, INFRA-M, 2008.S. 22. ...

civil process judicial legal

Conclusion

Civil procedural law - a set of legal norms governing the procedure for initiating, considering and resolving civil cases by the court, revising court decisions, as well as the procedure for enforcing court decisions (decisions, rulings), i.e., justice in civil cases.

The subject of civil procedural law is public relations arising in the field of civil proceedings (process), that is, civil procedural relations. These relations arise as a result of the activities of the court, the persons participating in the process, the bodies for the execution of judicial decisions (bailiffs), carried out in accordance with the norms of civil procedural law.

The methodology of civil procedural law as a set of research methods involves the use, firstly, of general scientific methods, secondly, specific scientific (non-legal) methods, thirdly, general legal methods of analysis, and fourthly, methods of other (non-civil procedural) legal sciences, fifth, special research methods of civil procedural law.

A method, from our point of view, is a set of methods, means and techniques of cognition and transformation of civil procedural law. We believe that it is necessary to highlight the following features of civil procedural law: a) general scientific methods; b) funds of private non-legal sciences; c) general legal techniques; d) methods of other (not civil procedural) legal sciences; e) special research methods of civil procedural law.

Research effectiveness depends on the correct application of methods at all levels. Ignoring methods of other levels indicates one-sidedness, impoverishment of scientific research. The use of only special methods of civil procedural law or only legal methods can lead to a narrowing of the study, limiting it only to particular problems. Therefore, the success of the study is possible only in the case of the integrated use of methods of all levels.

The success of any research and legislative changes in the field of civil procedural law is possible only if they are reasoned from a methodological standpoint. Ignoring the methodological rationale can lead to the creation of purely declarative, inoperative norms. In order to objectively assess the legal norm and the consequences of its implementation, one should use not individual methods, but their combination. The use of one method characterizes the subject of study from only one side. The use of several methods, and not only legal, but also general scientific, as well as methods of other sciences, allows you to consider the subject of research objectively and comprehensively. In the field of civil procedure, such a research procedure is due to the need to assess the impact of a legal norm on various spheres of public life. Correct legislative technique involves not only legal analysis, but also economic, political science, psychological, cultural and other methods of scientific research. Therefore, the effectiveness of a legal norm depends on the use of not one, but a complex of methods of civil procedural research.

List of used literature

1. Vikut M.A., Zaitsev I.M. Civil Procedure: A Course of Lectures. - Saratov, 1998.

2. Civil process: Textbook / Ed. M.K. Treushnikov. - M .: Gorodets, 2014.

3. Civil process: Textbook / N.P. Antipov, V.A. Babakov, I.A. Volkova and others; ed. A.G. Kovalenko, A.A. Mokhova, P.M. Filippov. - M .: KONTRAKT, INFRA-M, 2008.

4. Grebentsov A.M. Development of economic jurisdiction in Russia. - M., 2002.

5. Maleshin D.Ya. Methodology of civil procedural law. Moscow: Statut, 2010.

6. Pokrovsky I.A. The main problems of civil law. M., 2001.

7. Sakhnova T.V. Science of civil procedural law: traditions and modernity // Civil process: science and teaching / Ed. M.K. Treushnikova, E.A. Borisova. M., 2005.

8. Strogovich M.S. Philosophical foundations of legal science // Abstracts of reports and messages at the Interuniversity conference on theoretical and methodological problems of legal science. Chisinau, 1965.

9. Tarasov N.N. Methodological problems of legal science. Yekaterinburg, 2011.

10. Trubetskoy E.N. Works on the philosophy of law. SPb., 2001.

11. Reader on civil procedure / Under total. ed. M.K. Treushnikov. M., 1996.

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Imperative method in civil proceedings. The concept of civil procedural law and its meaning

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