Open AccessSubject of Civil Procedural Law: Historical and Legal Analysis
Author(s) -
I. V. Reshetnikova,
Ye. A. Tsaregorodtseva
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 - 10.17803/2311-5998.2021.88.12.050-060
Subject(s) - arbitration , law , procedural law , political science , jurisdiction , civil law (civil law) , public law , subject (documents) , administrative law , civil procedure , substantive law , computer science , library science
The article deals with the formation of the subject of legal regulation of civil, arbitration, administrative procedural law from 1864 to the present. Trends in a narrow and broad understanding of the subject of legal regulation, unication and dierentiation of law in dierent time periods.The specics of considering cases of a public law nature in courts of general jurisdiction (according to the rules stipulated by the CAS RF and the Code of Administrative Oenses of the RF) and in arbitration courts on the basis of the application of the Arbitration Procedure Code of the Russian Federation to all types of legal proceedings. Particular issues in the denition of the subject of procedural law are touched upon: place in the system of the law of enforcement proceedings, proceedings for bringing to administrative responsibility, the theory of judicial law, etc. A denition of the subject of legal regulation is given in relation to three procedural branches of law: civil, arbitration, administrative procedural law, in which the unity of the body, considering cases (the court), and the procedural form is seen as decisive.