Procedural regime in the legal process: place, role, problems
Relevance . The ongoing procedural revolution has affected virtually all spheres of our state's life, identifying priorities for the further development of procedural and legal principles in the implementation of constitutional rights and freedoms of citizens, their observance and protection. Against this background, the role and significance of the legal process is increasing in every possible way, one of the structural elements of which is the procedural regime, which has not yet been sufficiently scientifically developed, due to which it is limited in the use of its protective potential. The purpose is to justify the place and role of the procedural regime in the legal process, focusing on the existing problems of this plan and ways to resolve them. Objectives follow from the goal and consist of research based on sources on the legal regime of the features of the procedural regime, its place in the structure of the legal process and its role in achieving the goals of the latter. Methodology . The methodological basis of the study is based on general scientific, specific scientific and special legal techniques and methods of scientific knowledge. The formal legal method is used in the analysis of procedural rules that enshrine the elements of the procedural regime in legal sources; the interpretative method is used in clarifying and explaining the legal position of the Plenum of the Supreme Court of the Russian Federation regarding the role of procedural deadlines as procedural guarantees. Results . The procedural regime, as a special order of procedural and legal regulation of the activities of subjects and participants in the legal process, is an integral part not of the procedural form, but of the legal process due to the primary nature of the latter and the derivative nature of the procedural form. Conclusion . The conducted research gives grounds to consider the procedural regime as a structural element of the content of the legal process; it creates optimal conditions for the participants of this process for the legal resolution of legal cases.
Authors
- V. P. Belyaev (ORCID: https://orcid.org/0000-0003-2666-9047)
- Galina S. Belyaeva (ORCID: https://orcid.org/0000-0003-2494-6928)
Institutions
- Belgorod National Research University (RU)
- Southwest Minnesota State University (US)
Publication Details
- Journal
- Proceedings of the Southwest State University Series History and Law
- Published
- 2025-02-26
- DOI
- https://doi.org/10.21869/2223-1501-2025-15-1-10-17
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00