Форма и содержание принципов гражданского процессуального права

Abstract

The article deals with studying of the form and contents of the principles of law of civil procedure, their correlation. The content of the principle is studied through its structure as a totality of its imperatives and properties. According to the author, organization of principles of law of civil procedure is actually the composition and correlation of theirs parts. Every principle of law of civil procedure includes separate compulsory law requirements, closely connected with each other. Special attention is paid in the article to the nature and meaning of exceptions in theprinciples of law of civil procedure. In the author’s opinion, in a wide-sense the content of the principles is revealed through the whole complex of its law properties — systemacy, standards, formal distinctness, being compulsory, etc. Therefore the content of the principles of law of civil procedure is the integrity of all the components of their properties (features) and elements. The form of fixing of the principles of law of civil procedure expresses organization of their contents in the law of civil procedure. The article deals with forms of fixing of the principles of law of civil procedure as the principles of ideas or norms-principles. The content of the principles of law of civil procedure depends on the development of science, and their form — on the development of the law. Since scientific law doctrine is always more dynamic than law-making activity, the contents of the principles leaves behind their form.