ТЕОРЕТИКО-МЕТОДОЛОГИЧЕСКИЕ ПРОБЛЕМЫ ОБОСОБЛЕНИЯ ПРОИЗВОДСТВА ПО ДЕЛАМ НЕИСКОВОГО ХАРАКТЕРА В САМОСТОЯТЕЛЬНЫЙ ВИД СУДОПРОИЗВОДСТВА

Abstract

The article is devoted to the analysis of theoretical-methodological problems of isolation of non-claim cases’ litigation into the separate type of litigation. Classic types of litigation are listed, it is mentioned that the basic litigation in all meanings is claim litigation, its main feature is the dispute about law. In contrast beginning from the Roman law there are legal cases that have undisputable character. The main terms for the naming of such cases are searched: special litigation, protective litigation, voluntary jurisdiction. The author came to the conclusion that no one of them can be an universal term adequately reflecting the essence of this type of cases. The term “non-claim cases’ litigation” is suggested as the most suitable option. The study also notes that this approach can be taken into account by legislative bodies when making changes to procedural legislation, including in connection with the prospect of identifying the appropriate type in administrative proceedings. In addition, the study presents a retrospective analysis of individual institutions of civil procedural law, in a broad sense, and procedural thought.