Unnamed procedural actions in Russian civil proceedings

The article formulates the content of the concept of "unnamed procedural action", as well as the conditions and limits of its application in modern civil proceedings in Russia. The complexity of understanding this phenomenon is due to the presence of a logical contradiction, which manifests itself in the following. On the one hand, the legislator considers permissible only those procedural actions, the list and order of which are legally fixed. On the other hand, the rapid development of public relations increasingly requires participants in the civil process to go beyond the prescriptions existing in the law. This state of affairs suggests that all procedural actions can be divided into two main groups. The first of them is the named procedural actions (procedural actions and the procedure for their commission are provided for in the law). The second is unnamed procedural actions (procedural actions and (or) the procedure for their commission are not provided for by law). We believe that unnamed procedural actions should be considered through the prism of such categories as "legal conduct", "judicial discretion" and "unnamed legal action", the latter of which has been studied in sufficient detail in the theory of civil law. Unnamed legal actions are also present in the theory of criminal procedure, but here they are usually referred to as "other procedural actions". In the theory of civil procedure, there is no mention of the term "unnamed procedural actions" or its analogues. There are no specified categories in the legislation. The conducted research allowed us to draw the following conclusions. All actions committed in the civil process, including those not named, can be considered as part of legal behavior, which is characterized by: 1) Normativity; 2) State control; 3) The presence of legal consequences. In relation to unnamed procedural actions, these signs, especially normativity, receive a slightly different, often broader, content. Nevertheless, if a number of conditions are met, the existence and possibility of their commission in modern civil proceedings is beyond doubt. Thus, we believe that an unnamed procedural action can be defined as a legally fixed or legally determined active behavior of participants in civil proceedings, implemented within the framework of initiated civil proceedings, entailing legal consequences and aimed at timely and correct consideration and resolution of a civil case. The author declares no conflicts of interests.

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