Michael Galperin

Methodological Problems of Studying Responsibility in Civil Proceedings: on the Conception of Legal Regimes

2011. No. 1. P. 44–56 [issue contents]

Galperin Mikhail - Assistant Professor, Department of Judicial Power and Justice, Law Faculty, National Research University Higher School of Economics, Head of the Department of Administration and Control in the area of Enforcing Judgements, Russian Ministry of Justice, PhD (law). E-mail: galper@yandex.ru
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The article studies responsibility in civil proceedings and a new analysis of legal responsibility as well as its place in the system of civil proceedings. The article argues that the problem of procedural responsibility in civil proceedings though being studied for almost four decades, has not been considered as an integral and consistent conception of procedural liability in civil proceedings. The discussion on civil proceedings liability which has been conducted within the dominating in Russian law theory conception of subject matter and methods of the illegal branch has reduced to the battle of terms, i.e. legal scholastics. In the author’s opinion, the traditional subject matter and methods of civil procedural law cannot be grounds for making up a special civil procedural liability and moreover be the basis for modeling an efficient mechanism of responsibility in civil and arbitration processes. Specific features of the mechanism of legal liability in civil proceedings (corpus delicti, measures of liability and the order to implement them, grounds to release from liability) are conditioned with a specific civil proceedings regime which includes not only the principles of civil proceedings integral to procedural activity but the goals of civil proceedings, terms to implement rights and obligations of subjects. The category of civil proceeding is recommended for consideration on the basis of the principle of legal proceedings as an element of civil proceedings. Hence, civil proceeding liability is a liability for contempt of court, nonperformance of its instructions.

Citation: Galperin Lvovich Michael (2011) Metodologicheskie problemy izucheniia otvetstvennosti v grazhdanskom sudoproizvodstve: k voprosu o kontceptcii iuridicheskikh rezhimov [Methodological Problems of Studying Responsibility in Civil Proceedings: on the Conception of Legal Regimes] Pravo. Zhurnal Vysshei shkoly ekonomiki, 1, pp. 44-56 (in Russian)
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