Принцип диспозитивности в российском гражданском процессе: современные и исторические аспекты

Abstract

The article examines the problems of fixing the principle of dispositivity in civil procedural legislation, as well as the complexity of its implementation. The author explores one of the fundamental functional principles of the civil process, analyzing pre-revolutionary, Soviet and modern scientific literature. The negative legal consequences of the absence of a definition of this principle in the civil procedural codes are analyzed. The necessity of a uniform regulation of the concept and content of the principle of dispositivity in the Civil Procedure and Arbitration Procedural Codes of the Russian Federation. It is proposed to equally formulate the active powers of the court in civil and arbitration proceedings. Attention is focused on the fact that the provisions of the Decisions of the Plenum of the Supreme Court and judicial practice must exactly comply with the procedural law in terms of implementing the principle of dispositivity. Among other things, the right of the court to go beyond the limits of the appeal is analyzed in detail, proposals are made to change the procedural legislation.