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Legal Process and Procedural Form: Actualization of Concepts and the Problem of Relationship

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