Open AccessAbout the Theory of Civil Procedural Legal Relations
Author(s) -
V. Yu. Kulakova
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 - 10.17803/2311-5998.2021.88.12.148-156
Subject(s) - procedural law , doctrine , civil law (civil law) , civil procedure , political science , law , politics , process (computing) , legislation , legal doctrine , law and economics , sociology , public law , computer science , operating system
The article describes the characteristics of civil procedural legal relations in the Russian civil process. The analysis of the theoretical foundations of the construction of models of civil procedure, the relationship between its participants in common law countries, in Germany and France. The author believes that as a result of borrowing the institute of disclosure of evidence from a foreign process, a new type of procedural relations arising between participants in the process without the participation of the court is xed in the civil procedural legislation of Russia. It is noted that this is caused by the objective processes of globalization and unication in the world, as well as the political and economic transformations taking place inside Russia, which inevitably have an impact on the civil process. The article substantiates the need to return to the theoretical understanding of the views on civil procedural legal relations established in the doctrine of procedural law.