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Challenges of and Responses to Various Legal Mechanisms for the Harmonization of Civil Procedure in Eurasia
Author(s) -
Nadezhda Sukhova,
Iuliana Babikova
Publication year - 2020
Publication title -
russian law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.206
H-Index - 5
eISSN - 2312-3605
pISSN - 2309-8678
DOI - 10.17589/2309-8678-2020-8-3-141-161
Subject(s) - harmonization , globalization , law , adaptation (eye) , political science , civil society , sociology , phenomenon , process (computing) , politics , law and economics , epistemology , psychology , computer science , philosophy , physics , neuroscience , acoustics , operating system
Law is a cultural phenomenon of society. An analysis of the evolutionary process is key to understanding the positive principles and categories of legal thinking. Legal mechanisms created in unique circumstances become contradictory elements for the existing judicial practice of foreign legal systems. In accordance with modern reality and the tendencies of contemporary society, the problems of globalization determine the necessity of the analysis, which will be to consider whether it is possible to nd the most eective adoption mechanisms for legal rules and practice through a process of harmonization. In the framework of current research, we have tried to answer the questions arising in relation to new tendencies in civil procedure through the prism of comparative research. The majority of adaptation mechanisms are formulated by unique legal experience in a distinct system. The inuence of moral and cultural traditions, and the economic and political individuality of each society shape the outcome that allows new instruments to work in legal and procedural systems. This paper’s focus is methods of legal harmonization and adaptation of procedural law on the level of transnational communities. To provide a picture as complete as possible, we give a description of modern tendencies of social integration, the current strategy of legal transplant and a comparison of methods of harmonization in the territory of post-Soviet Union countries and in Europe.

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