О НАУЧНЫХ ВЗГЛЯДАХ НА СИСТЕМУ СОВРЕМЕННОГО ГРАЖДАНСКОГО ПРОЦЕССУАЛЬНОГО ПРАВА РОССИИ

Abstract

In the article, the author addresses the problems of modern science of civil procedure law on the issue of the optimal option for structuring the branch of law. During the study, several areas of understanding of the structure of civil procedural law were discovered. The first direction is based on the need to use the traditional elements of the structure of the branch of law (sub-branch, institute, norm). The second direction is related to the influence of reforming the norms of material law under the influence of the development of virtual (digital) legal relations, the active introduction of robotization in legal relations, etc. As a result, the literature actively discusses the emergence of new entities in the law industry system, which some have studied and called “summative (non-systemic) legal entities” (V.M. Sherstiuk), “cyclical normative arrays in law” (T.Ia. Khabrieva). However, the author stands out another direction, within the framework of which an attempt is made to understand the rationale for dividing the industry into parts, both taking into account the theory of law and the accumulated experience in the development of civil procedural law. On the one hand, the division of the industry into parts is an example of the established tradition since the Soviet period. At the same time, the author draws attention to the fact that the legal literature has not yet answered the question about the methodological justification of the presence in the structure of the branch of law of such an element as part, its relationship with the sub-branch, institution, and other entities in the system of the branch of law. Based on the analysis of the structure of other branches of Russian law, the author concludes that the tools used to structure the branches of Russian law are used. As a result, there is inconsistency in the definition of parts of the branch of civil procedure law and the branch of civil procedure law, in the question of the ratio of sub-branches and parts of civil procedure law, and also the problem of the correlation of parts of the branch with related.