Open AccessThe Social Role of General Legal Principles in the Modern Civil Procedure
Author(s) -
Maria N. Zarubina
Publication year - 2021
Publication title -
arbitražnyj i graždanskij process
Language(s) - English
Resource type - Journals
ISSN - 1812-383X
DOI - 10.18572/1812-383x-2021-4-3-7
Subject(s) - principle of legality , universality (dynamical systems) , political science , law , discretion , legislation , sociology , law and economics , physics , quantum mechanics
In this article the author analyzes the problems that might arise with implementation of the general legal principles in the civil process. The point is made about the enormous social role of these principles and their special influence on the development of the entire procedural legislation. Based on the research of modern scholars, as well as the conclusions of judicial practice, signs of general legal principles are proposed: universality, normativity, imperative, discretion and temporality. Of particular importance for civil and administrative legal proceedings, according to the author, are such general legal principles as democracy, humanism, legality, equality and justice.