Mechanism of interaction of legal procedures: theoretical aspect
The present article exposes the concept «mechanism of interaction of legal procedures» and the structure of this mechanism. The court is the basis of the just public order. With consolidation of a democratic state the role of the court becomes more significant. This process is closely connected with the citizens' rights realization to a just trial. In case citizens cannot use their rights for various reasons, the court should be an active participant of the process. This assertion is based on the fact that in Russia, historically, a mixed type of the process developed, inquisitorial and contest processes. At present citizens who take legal action to protect their rights often face the lack of a mechanism, which would allow applying civil and criminal legal procedures. This mechanism should set clear rules and procedures, thus facilitating the process. Such a model in civil and criminal processes will allow to save considerable time and efforts for proving different facts of the case and to grant free access to justice. The mechanism of interaction of legal procedures can exist at the stage of jurisdiction. The peculiarity of this mechanism is that it uses methods of different procedural legislations their harmonic combination provides efficient functioning of this mechanism. Research and implementation of this mechanism is connected with securing the relevant legal norms in procedural legislation
Keywords
structure of legal norm, legal norms, mechanism of interaction, структура процессуальной нормы, процессуальные нормы, механизм взаимодействия процессуальных нормAuthors
Name | Organization | |
Arkhipov Sergey A. | Omsk Academy of the Ministry of Internal Affairs of the Russian Federation | sergeyaex@mail.ru |
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