Open AccessAbout the Subject of Civil Procedural Lawin the Context of Contemporary Reforms
Author(s) -
T. V. Sacknova
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.88.12.041-049
Subject(s) - procedural law , analogy , subject (documents) , harmonization , context (archaeology) , subject matter , internationalization , civil procedure , law , civil law (civil law) , epistemology , political science , sociology , public law , computer science , philosophy , history , economics , archaeology , library science , curriculum , microeconomics , aesthetics
The active reform of civil procedural law in the twenty-rst century has brought to the forefront the problem of the subject matter of its legal regulation. The civilistic procedure as a social phenomenon born of centuries of experience returns to its historical paradigm: actio habere — ius habere. According to the author, the basis of the subject matter of civilistic procedural law is a civilistic process in its ontological sense; the subject of legal regulation also includes relations not in the civilistic form of procedural procedure, but forming an integral part of civilistic legal proceedings; the subject of civilistic procedural law is also relations not regulated by specic rules of procedural law, but by analogy of law and analogy of lex. The qualitative transformation of the subject of civilistic procedural law is due to the modern regularities of the civilistic process: its materialization, internationalization and constitutionalization; its procedural development as the man instrument for internal and external harmonization.