Principles of civil procedure: the concept, classification and ways of expression

Relevance. The modern judicial system of the Russian Federation operates in an environment where the role of legal principles as the basis for legality, fairness, and efficiency in civil proceedings is increasing. However, law enforcement faces challenges due to the lack of a unified and clearly structured list of principles, differences in their legal regulation, and ambiguous interpretations. In the context of digitalization and legal system reforms, it is crucial to address the fragmented legal regulation of the fundamentals of civil proceedings. Purpose ‒ to identify and theoretically substantiate systemic contradictions between the scientific understanding and legislative consolidation of the principles of civil proceedings, which hinder the uniformity of judicial practice. Objectives: Generalize and systematize the existing approaches in legal science to the classification of the principles of civil proceedings on three grounds: the scope of action, the object of legal regulation, and the source of legislative consolidation; Identify gaps and contradictions in the legislative consolidation of the principles of civil proceedings in the Russian legal system. Methodology. The study is based on the dialectical method, formal legal and comparative legal analysis, logical generalization, as well as systematic and historical-legal approaches. This comprehensive methodology ensured an integrated examination of the issue from both theoretical and practical perspectives. Results. Gaps and contradictions in the legislative consolidation of the principles of civil proceedings in the Russian legal system have been identified, confirming their fragmented nature. The actual influence of scientifically substantiated but not legally enshrined principles (objective truth, procedural activity of the court, and dispositivity) on the practice of law application has been established. Conclusion. There is an objective need to overcome the fragmentation of legislative consolidation of the principles of civil proceedings, which makes it a promising area for further research to develop scientifically grounded proposals for optimizing the interaction of regulatory and doctrinal principles of civil proceedings aimed at strengthening the systemic coherence of civil procedural legislation.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2025-09-16
DOI
https://doi.org/10.21869/2223-1501-2025-15-4-162-174
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Principles of civil procedure: the concept, classification and ways of expression

Denis N. Komarov
Proceedings of the Southwest State University Series History and Law
European and International Law Studies
article

Principles of civil procedure: the concept, classification and ways of expression

Denis N. Komarov
article en

Abstract

Relevance. The modern judicial system of the Russian Federation operates in an environment where the role of legal principles as the basis for legality, fairness, and efficiency in civil proceedings is increasing. However, law enforcement faces challenges due to the lack of a unified and clearly structured list of principles, differences in their legal regulation, and ambiguous interpretations. In the context of digitalization and legal system reforms, it is crucial to address the fragmented legal regulation of the fundamentals of civil proceedings. Purpose ‒ to identify and theoretically substantiate systemic contradictions between the scientific understanding and legislative consolidation of the principles of civil proceedings, which hinder the uniformity of judicial practice. Objectives: Generalize and systematize the existing approaches in legal science to the classification of the principles of civil proceedings on three grounds: the scope of action, the object of legal regulation, and the source of legislative consolidation; Identify gaps and contradictions in the legislative consolidation of the principles of civil proceedings in the Russian legal system. Methodology. The study is based on the dialectical method, formal legal and comparative legal analysis, logical generalization, as well as systematic and historical-legal approaches. This comprehensive methodology ensured an integrated examination of the issue from both theoretical and practical perspectives. Results. Gaps and contradictions in the legislative consolidation of the principles of civil proceedings in the Russian legal system have been identified, confirming their fragmented nature. The actual influence of scientifically substantiated but not legally enshrined principles (objective truth, procedural activity of the court, and dispositivity) on the practice of law application has been established. Conclusion. There is an objective need to overcome the fragmentation of legislative consolidation of the principles of civil proceedings, which makes it a promising area for further research to develop scientifically grounded proposals for optimizing the interaction of regulatory and doctrinal principles of civil proceedings aimed at strengthening the systemic coherence of civil procedural legislation.

Proceedings of the Southwest State University Series History and LawVol. 15(4)
Saratov State Academy of Law (RU)
Openalex Percentile: Top 71%
European and International Law Studies
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