РАЗМЫШЛЕНИЯ О СОСТОЯНИИ СОВРЕМЕННОЙ ГРАЖДАНСКОЙ ПРОЦЕССУАЛЬНОЙ ФОРМЫ

Abstract

The procedure for any of the types of legal proceedings is strictly regulated by the current federal law. Arbitrary deviations from the established procedural form are not allowed. Civil and arbitration proceedings are no exception. All actions of the court, persons participating in the case, other participants in the proceedings must obey certain rules, deviations from which are inadmissible in a state governed by the rule of law. Unfortunately, in practice, such violations are quite common, which are difficult to explain from the point of view of the law. The author of this article analyzed several examples from judicial practice. Within the framework of civil proceedings, there is a widespread substitution of concepts: instead of the legislatively established preliminary court session, the courts hold so-called «conversations», during which, for some unknown reason, the minutes are not kept. In addition, attention is focused on several specific examples illustrating the violation of the civil procedure form. This cannot indicate stability, confidence that the violated rights and legitimate interests of the subjects will be guaranteed to be protected in the manner prescribed by law. Departure by anybody from the rules established by federal law is unacceptable, entails a violation of the principle of legality – the fundamental principle of all branches of Russian law.