Historical Stages of the Formation of the General Legal Procedural Theory in Russia (XIX–XXI Centuries)

Abstract

One of the important directions in the field of jurisprudence is the development of procedural science, which is conditioned by the need to satisfy theoretical and cognitive needs in understanding the essence of procedural law, procedural legal relations, legal process, the relationship of these categories, identifying the requirements of the procedural form, determining procedural offenses and other procedural legal deviations, the goals of the legal process and the means to achieve them. The purpose of the article is to identify the main stages of the development of procedural science depending on the genesis of procedural and legal categories, to determine its subject taking into account the accumulated theoretical arsenal to the modern stage, as well as to determine a compromise approach to the main procedural and legal categories, taking into account the provisions of modern legislation and the requirements of law enforcement and law-making practice. Methods. The basic principles, laws and categories of idealistic and materialistic dialectics of cognition are used in the study. To achieve the purpose of the article and obtain useful results, a number of general scientific and private scientific methods of cognition were used. The research was carried out on the basis of such general scientific methods as analysis, synthesis, historical method and system-structural approach. Formal-legal and comparative-legal methods were used as the main private-scientific methods. Results. To date, it can be concluded that there is an independent subject of procedural science, namely, the laws of the emergence, development and functioning of procedural and legal phenomena (procedural law, legal process, legal procedure, procedural and procedural norms of law, procedural legal relations, procedural offenses and other procedural legal deviations).