Принципы гражданского процессуального права современной России.
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The authors distinguish separate civil procedure law principles from similar civil procedure law branch principles and civil procedure principles. Taking civil procedure law branch principles and elements of general civil processional legal relations into account, the authors analyse civil procedure principles and general competence court’s organizational activity elements. Principles compose the basis, the shell of civil procedure law, its essence, principles and ideas, the content of this branch of law construction and development. Principles adjudicate both law and separate branches of law model because principles exactly formulate the whole of legal system starting with separate norms interrelations and ending at inter branches institutes’ harmony. The interrelations are conditioned on the understanding that principles are the categories of one law branch, pointed to one purpose – optimal infringement of human rights, interests and liberties defense. The notion of civil procedure law principles is given in this article. Civil procedure law principles are basic ideas which establish the bottom of civil processional legal relations The double civil procedure law principles classification is revealed: doctrinal classification and classification based on consolidation method. According to these classifications is disclosed the content of these principles and their influence to civil processional legal relations is disclosed. The are also principles fixed in legal acts content disputed article: only courts administer justice; principle of all persons equality to law; person’s processional equality principle; the principle of judges independence; national language principle; judicial proceeding publicity, legal defense availability and legal help in civil procedure principle; the principle prohibiting the usage of proofs gained by violating laws. The article also deals with doctrinal principles derived from the analysis of Russian Federation Constitution and CPK norms content: legitimacy principle; disposition principle; verbal judicial proceeding principle; continuity principle; the principle of direct participation in process. In conclusion, all the principles give the legal regulation unity and solidity to public relations in connection of all legal regulation components making substantive influence on public relations. Due to its importance to legal regulation, law principles are probably mostly researched law objects but also cause many conflicts and contradictory estimations.
- Straipsniai / Articles