The article deals with topical issues of the implementation of legal procedures in the field of observance and protection of private law interests, rights and freedoms of man and citizen. Attention is focused on the legal procedures for the use of substantive and procedural law in civil and arbitration proceedings, as well as at the stage of enforcement proceedings.
The article examines general theoretical problems in the development of the theory of legal procedural policy in Russia. Taking into account modern trends of transformations in the sphere of public relations, including legal relations, the development of information technology, etc., this type of legal policy is subject to optimization and taking into account all innovative processes.
The article discusses the goals and objectives, the achievement of which is part of the strategy for sustainable development of the legal process in the modern Russian Federation. The main goal is the protection of the rights and interests of subjects of law, violated by an administrative offense or crime, as well as the observance and protection of the rights of participants in procedural legal relations in the sphere of public law. Speaking about tasks, it is worth remembering that they must be uniform and be resolved through the exercise of procedural powers inherent in the courts.
The article examines the development of procedural forms of regulation in the field of private legal relations. Protection of the rights and interests of subjects of law, participating in legal proceedings, is one of the main goals of modern procedural legislation of the Russian Federation. At the same time, dynamically developing private law relations require legal science to substantiate new methodological approaches.
The article examines the peculiarities of understanding and implementing the principle of legality in the Soviet period. Using the example of studying the legal process in the sphere of application of law in relation to persons who do not fulfill constitutional obligations to engage in socially useful work, strict observance of the principle of legality in the period under consideration is substantiated. The dynamic development of law in modern reality should take into account the historical and legal experience of domestic law enforcement, which is what the theory of law and state focuses on.
The article analyzes the system of categories of legality and expediency in law. It examines such fundamental principles of legality as the rule of law, equality before the law, legal certainty, inevitability of responsibility, ensuring human rights and freedoms, and publicity. The concept of expediency and its philosophical and legal aspects are examined. The need for an interdisciplinary approach to the study of these categories and the importance of expediency functioning strictly within the framework of the law to ensure law and order and legality are emphasized.
This article identifies a deficit in the axiological foundation of legal procedural policy, stemming from the absence of a normative hierarchy of absolute and relative values. It argues that justice, human dignity, and the supremacy of the Constitution should take precedence over instrumental principles. A three-tiered model of the axiological organization of procedural law is proposed, aimed at restoring its humanistic dimension and ensuring the sustainability of law enforcement in the face of digital transformation and regulatory instability.
The purpose of this study is a comprehensive analysis of the methodological foundations of the legal procedural policy of Russia in order to identify theoretical and practical aspects of its implementation in the modern conditions of development of legal science and education. The study is based on the comprehensive use of structural-functional, historical, interdisciplinary and axiological approaches to the analysis of legal procedural policy.
The article is devoted to the analysis of the problem of the effectiveness of legal procedural policy in the context of modern challenges of legal regulation. The issues of goal-setting in procedural law, gaps in legislation and ways to eliminate them are considered. Key criteria for assessing effectiveness are identified, including the degree of satisfaction of legal interests, protection and safeguarding of constitutional rights, etc.
The article examines current issues of implementing the preventive function of modern legal procedural policy. The role of this function in preventing marginal behavior, extremism and judicial errors is analyzed. Particular attention is paid to a systemic approach to counteracting destructive phenomena, including the interaction of law enforcement agencies, educational institutions and public organizations. Aspects of rehabilitation of the innocent are considered, including ideal compensation as a form of public recognition of error. The need for interdisciplinary strategies to ensure stabilit...
The article examines general legal aspects of studying the value of procedural law. Attention is focused on the axiological foundations of law in the field of regulation of public legal relations. Historical analysis allows us to talk about the transformation of the value principles of procedural law depending on the specific historical period of development of the state and law.
The article presents various points of view and approaches of leading scientists specializing in the field of theory of state and law in the interpretation of such a concept as civil society. Particular attention is paid to the interpretation and analysis of ways to prevent crime by citizens. Dialectical, systemic and functional methods of studying the problem are used, and ways to solve it are also given.
