METHODS OF LEGAL EFFECTS IN TERMS OF INTEGRATION CIVIL PROCEDURAL LEGISLATION


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Abstract

In the article methods of legal impact to civil procedural legislation based on the views and research ideas proposed in the Russian legal science. Each method of influence is unique and it gets specific expressions in various branches of Russian law. Permission, prescription and prohibition find a place in the legal regulation of civil procedural relations, as demonstrated by the example of the rules of civil procedure. In the modern procedural legislation the permissions get priority that caused by the extension of optionality and competitiveness of the parties. The author substantiates the position, indicating a need in the reform of procedural legislation for the enhanced use of regulations and prohibitions. It is noted that the court supervises the process, and consequently requires certain means of legal impact on the parties of the civil procedural relations. Convincingly proved the need to distinguish between the concepts of “method of legal regulation”, “method of legal impact”, “remedies of legal impact”.

About the authors

Olga Viktorovna Nikolaychenko

Saratov State Law Academy, Saratov

Author for correspondence.
Email: olga-nikolajchenko@yandex.ru

candidate of legal sciences, assistant professor of Chair “Civil Process”

Russian Federation

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