Abstract
The principles of legal proceedings are the basis of the procedural branches of law and reflect its qualitative features within the complex legal ecosystem. This importance is manifested in the legislative sphere, when the legislator in the formulation and adoption of new procedural rules is based on a system of principles in order to avoid contradictions and conflicts; law enforcement area, in the case of filling gaps by applying the analogy of law; scientific (doctrinal) sphere, allowing scientists to use the system of principles in the arsenal of tools that define the boundaries of proposed changes, innovations, excluding absurd, controversial, unjustified proposals. The system of principles is not static, but is constantly transforming under the influence of various factors. Our study examines the transformation of the system of judicial principles under the influence of such factors as the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the rulings of the European Court of Human Rights. The forms of transformation of the system of procedural principles in order to achieve compliance with the requirements of modern society, law and state are highlighted. It is indicated the legislative expansion of the scope of a number of principles that existed in legal proceedings, but do not manifest themselves to the extent that meets the standards of the Convention, as well as the change of the content, content, contextual meaning of the previously existing principle, including its terminological designation. As an example, the principle of procedural equality and the adversarial principle can be mentioned. We proposed to level out the effect of those procedural principles, which do not fit into the system of the Convention norms, as they were typical only for civil proceedings of the Soviet period. This group of principles can include the principle of legal certainty, the principle of procedural economy, the principle of good faith management of procedural rights.
Highlights
The concept of "principle of law" developed in the theory of law serves as a basis for the definition of the concept of "principle of civil procedure law"
The forms of transformation of the system of procedural principles in order to achieve compliance with the requirements of modern society, law and state have been established. They are proposed to be grouped into three blocks: 1) legislative expansion of the scope of a number of principles that existed in legal proceedings, but do not manifest themselves to the extent that meets the standards of the Convention, as well as changes in the content, content, contextual meaning of the previously existing principle, including its terminological designation
Over the twenty years, such blocks of procedural law as the system of appealing against judicial acts, the system of enforcement proceedings have undergone significant changes, and the guarantees of the right to a fair trial and access to justice have increased. This process has inevitably had an impact on the transformation of the system of principles of justice in the Russian Federation (Maksurov, 2018), which is being implemented in three main areas: 1. Legislative expansion of the scope of a number of principles that existed in civil proceedings, but do not manifest themselves to the extent that corresponds to the norms of the Convention, as well as changes in the content, content, contextual meaning of the previously existing principle, including its terminological designation
Summary
The concept of "principle of law" (from the lat. principium - "beginning", "origin", "what was at the beginning") developed in the theory of law serves as a basis for the definition of the concept of "principle of civil procedure law". As deep-rooted elements, they are able to guide the development and functioning of the entire legal system, define the lines of judicial and other legal practice, contribute to the elimination of gaps in the law, the abolition of obsolete and the adoption of new legal norms (Alexeyev, 2008). From this general theoretical concept of principles, it follows that the principles of civil procedure law as a system of law represent a kind of "framework", the core, the starting point of the procedural industry, reflecting its main qualitative features. One of such catalysts for principles transformation is the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention, the European Convention) and the rulings of the European Court of Human Rights (hereinafter - the Court, the European Court, the ECHR), which contain interpretations of the norms of the Convention
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