Article information
Article`s title
Legal Process and Procedural Form: Actualization
of Concepts and the Problem of Relationship
Authors
G. Belyaeva 1,
V. Belyaev 2
Volume
2 (
2024)
Keywords
legal process,
legal activity,
procedural form,
procedure,
subjects,
goals,
mechanism of legal regulation,
legal constructions,
concepts
(definitions). Abstract
The essential-substantive characteristics of the legal process and its procedural
form in their relationship are presented. The main elements of the
composition of the legal process are highlighted, taking into account the
scientific views on the problems of the legal process of representatives of
legal theory and branch sciences. Attention is focused on the unconditional
inclusion in the concept of the legal process of legal activity, a special
subject composition, goals and results of the legal process in its connection
with the mechanism of legal regulation. A definition of a legal process is
proposed: it is a complex and systemic legal structure that mediates the
permanent stage-by-stage activities of authorized entities to resolve legal
cases, proceeding in a procedural form with the issuance of final
procedural acts, the implementation of which contributes to the effective
implementation norms of substantive law. It is also confirmed that any type
of legal process is characterized by a certain procedural form, which in the
authors’ approach should be called procedural. The corresponding
justification and definition are given: the procedural form is an external
expression of the essential and substantive characteristics of the legal
process and, at the same time, the procedural regulations of its
functionality. Based on the results of the study, it is argued that the legal
process and its procedural form are dialectically interconnected and
interdependent, and are in inextricable unity towards the implementation of
the goals and objectives of the legal regulation mechanism.
How to Cite this article
Беляева Г.С., Беляев В.П. Юридический процесс и процессуальная форма:
актуализация понятий и проблема соотношения // Право: история и современность. 2023. Т. 8, № 2. С. 121 – 134. doi: 10.17277/pravo.2024.02.pp.121-134
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DOI:
https://doi.org/10.17277/pravo.2024.02.pp.121-134
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121-134
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About authors
1
G. Belyaeva
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Middlename | S. |
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2
V. Belyaev
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Middlename | P. |
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