В ПОИСКАХ ДУХА ПРОЦЕССУАЛЬНОГО ЗАКОНА

Abstract

The article raises the question of the source of the spirit of procedural law. The options of expressing the spirit of procedural law in the principles of procedural law, human rights, social relations are consistently discussed. In particular, the author points out that the spirit of procedural law should be sought in the needs of specific public relations. The spirit of the law can be revealed in connection with the solution of a private issue, but it cannot be a private manifestation in itself, it must be expressed in the most general idea that best meets the criterion of universality. In conclusion, the researcher suggests that procedural issues should be allowed to be resolved on the basis of the need for a fair solution. In particular, it is pointed out that the very possibility of the court to base the resolution of a procedural issue, which has no other way of resolution, based on the need for fairness should be provided. It is also noted that such a mechanism can provide a legal basis for those judges who are willing to solve complex, unregulated procedural issues, embodying in their decisions the highest ideal of justice, its spirit – fairness.