Social Basis of Procedural Relations
Abstract
Topicality. Topicality of the studied problem is caused by the fact the legal science pays little attention to social analysis of procedural relations, which leads to emergence of diametrically opposite ideas of the same legal phenomena. This complicates the legislative and law enforcement activities.
The purpose of the article is to study social causes and mechanisms of emergence of procedural relations and to form integrated approaches to understanding the sense and contents of procedural relations.
The methodological basis of the work consists of the cognitive and systemic and determination approach, which requires using a complex of general scientific, specific scientific, and special methods of cognition.
The authors study the social essence of procedural relations that emerge in law enforcement activities and show different regulatory mechanisms of realization of these relations. The history of emergence of the notion of procedural relation is viewed, the main approaches to understanding it are analyzed, and the social component of procedural relations is analyzed in various aspects of its manifestation.
Practical significance. The materials of the article pose practical value for researchers who study the problem of procedural law and implement the law enforcement and legislative activities.
References
[2] Maltseva, G.V. 2007. Social foundations of law. М.: 5-6.
[3] Protasov, V.N. 1991. Legal relation as a system. М.:4-5.
[4] Rassolov, М.М., Malakhov, V.P., Ivanov, А.А. 2010. Actual problems of the theory of state and law. М.: 241.
[5] Bulow, O. 1868. Die Lehre von der Prozeβenreden und Prozessvoraussetzung. Berlin.
[6] Chechina, N.А. 1987. The main directions of development of Soviet civil procedural law. L.: 56.
[7] Golmsten, А.K. 1916. Legal qualification of civil procedure. Yaroslavl: 14.
[8] Nefedyev, G.А. 1871. Study of the sense of civil procedure. Kazan.
[9] Livschiz, R.Z. 2001. The theory of law. М: 68.
[10] Federal law ‘Concerning guarantees of rights of indigenous peoples of the Russian Federation’ dated April 30, 1999, No. 82-FZ // CL RF. 1999. No. 18. P. 2208)
[11] Butakova, N.А. 2006. Legal relations in the structure of legal reality: Ph.D. thesis. SPb.: 14.
[12] Rassolov, М.М., Malakhov, V.P., Ivanov, А.А. 2010. Actual problems of the theory of state and law. М: 243-244.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.