Substantive law as a determinant of the formalization of civil procedural norms of law
Abstrak
It is indicated that for effective law enforcement, awareness of the relationship between the norms of substantive and procedural law is of critical importance. If substantive law determines the essence of legal relations, then procedural law creates tools for their implementation and protection. The article examines substantive law as a factor in the formalization of civil procedural norms of law. The methods of influence of substantive law on civil procedural norms are determined, in particular, the subordination and coordination methods. With the help of individual examples, the influence of each of the specified methods on the formalization of civil procedural norms of law is substantiated, the content and characteristic properties of each of the specified methods are revealed. During the study, it was established that the subordination influence of substantive law is manifested in the subordination of procedural law to substantive law - both at the level of general principles and when resolving specific cases, while the limits of the implementation of civil procedural norms are determined by the norms of substantive law. In turn, the coordination method consists in the fact that substantive norms of equal legal force require consistency with them from civil procedural norms of law. The content of procedural institutions is formed taking into account the substantive-legal nature of legal relations. For example, the rules of evidence in civil proceedings depend on which legal facts are significant according to the norms of substantive law. Procedural forms are adapted to substantive categories. If substantive law establishes a new basis for the emergence of a right, procedural law must provide a mechanism for its protection. Civil procedural concepts are consistent with the concepts of substantive law. It has been established that the relationship between the norms of procedural and substantive law becomes especially noticeable in the process of improving procedural legislation. Solving the problems associated with such improvement is impossible without a parallel revision of procedural norms integrated into substantive legislation. According to the results of the study, the conclusion is formulated that substantive law affects the formalization of the norms of civil procedural law in coordination and subordination ways.
Penulis (1)
I. M. Dolianovska
Akses Cepat
- Tahun Terbit
- 2025
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2025.05.1.32
- Akses
- Open Access ✓