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Development of the principles of civil and administrative proceedings in the Russian civil procedure
被引:0
|作者:
Isaenkova, Oksana, V
[1
]
Vorontsova, Irina V.
[2
]
Kondratenko, Zarina K.
[3
]
Plotnikov, Dmitry A.
[4
]
Ustsov, Danil K.
[4
]
机构:
[1] Saratov State Law Acad, Civil Procedure Dept, Saratov, Russia
[2] Russian State Univ Justice, Kazan Branch, Civil Procedural Laws Dept, Moscow, Russia
[3] Mari State Univ, Dept Civil Law & Procedure, Yoshkar Ola, Mari El Republi, Russia
[4] Vyatka State Univ, Civil & Legal Disciplines, Kirov, Russia
关键词:
principles;
basic principles;
civil proceedings;
administrative proceedings;
administrative justice;
lawsuit;
public law dispute;
D O I:
10.31166/VoprosyIstorii202112Statyi117
中图分类号:
K [历史、地理];
学科分类号:
06 ;
摘要:
Reforming procedural legislation against the background of the termination of the activities of the Supreme Arbitration Court of the Russian Federation, the development of a unified Code of Civil Procedure of the Russian Federation in 2014, and the adoption of the CAS RF in 2015 sparked a discussion of the prospects for the future system of civil procedural law, and raised the issue of unification and differentiation of civil proceedings. At the same time, it was the exclusion of norms in the field of public legal relations from the Code of Civil Procedure of the Russian Federation that gave rise to a dispute about the self-identification of a new branch of legislation - administrative proceedings. The reason for this is the design of the consideration of public law disputes by analogy with the norms of the Code of Civil Procedure of the Russian Federation, the use of the conceptual apparatus of civil procedural legislation (an administrative plaintiff, an administrative defendant, an administrative statement of claim, etc.), the use of a system of stages and types of proceedings similar in design. These circumstances allow us to consider the problem of the identity of civil and administrative proceedings as elements of a single branch of civil procedural law, not only at the present stage, but in earlier periods of the development of civil and administrative proceedings. By means of the authors' appeal to the study of the legislation of the past years and the analysis of scientific literature of the end of the XIX-XXI century, a conclusion
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页码:264 / 276
页数:13
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