Vladimir Kozhevnikov

On Concept of Procedural Law

2022. No. 4. P. 136–154 [issue contents]
Paying attention to the traditional division in the domestic legal science of the system of law into such sections as private and public law, substantive and procedural, the latter was the subject of this study. Moreover, the analysis of the proposed concepts is analyzed both at the general theoretical and at the sectoral levels. Distinguishing two groups of norms of procedural law, it is argued that the first group consists of procedural norms, which, in terms of the scope of regulation, cover the needs of at least several material industries, not only their own industry of the same name. As a result, this group of norms is characterized by a high degree of internal organization, corresponding to the level of the branch of Russian law, in particular, a fairly clear division of these norms into relevant institutions. We are talking about civil procedural, criminal procedural and administrative procedural norms, which gives reason to consider these groups as independent branches of Russian law.The second group of procedural norms includes the norms operating in the sphere of material, state, financial, labor and a number of other industries, which “they” serve “the needs of only” their “material industry”. The purpose of the study was the formation of the author’s concept of procedural law. The hypothesis of this article is the statement of the fact according to which, for the most part, procedural law is unreasonably understood by legal scholars as a set of procedural rules governing the procedure for applying the relevant substantive law rules by the competent authorities of the state and their officials. The methodology of the work includes the following methods: general philosophical (dialectical-materialistic); general scientific (analysis and synthesis, induction and deduction, comparison, abstraction, etc.); special (philological, etc.); private scientific (formal legal, methods of interpretation, etc.). The result of the article was the following statement: given that the legal process is unthinkable without the activity of citizens participating in the process, that the procedural rules are both in the branches of procedural law and in the branches of substantive law, the following interpretation of procedural law is proposed: it is a set of procedural rules that are in branches of procedural and substantive law, firstly, regulating the procedure for the application of substantive law by the competent authorities of the state; secondly, determining the legal status of citizens, legal entities, and other participants in the relevant processes.
Citation: Kozhevnikov V.V. (2022) On Concept of Procedural Law. Law. Journal of the Higher School of Economics, vol. 15, no. 4, pp. 136–154 (in Russ.) DOI:10.17323/2072- 8166.2022.4.136.154.
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