Identity as a “Red Flag” of the Transformation of the Russian Civil Proceedings

Abstract

The article offers an analysis of individual restrictions on the reform (transformation) of civil proceedings. Its identity is called as such restrictions. The possibility of applying some, in relation to civil procedural law, new and unusual, terms that sounded at the International Conference “Kutafin Readings” on November 24—26, 2021 (“red flags”, “genetic material”) is being investigated. The importance of determining the limitations of reforming the process of judicial protection of civil rights, which cannot be exceeded, is noted.It is proposed to do this clearly, and not only in outline, not with “flags”, but with a conditional “red ribbon” along the perimeter of the “genetic code” of civil procedural law. An assessment of the solution to the problem of identity in modern Russian jurisprudence in relation to civil procedural science is given. Emphasis is placed on the modeling of legal regulation. It is indicated that the process of convergence of the procedural form of Russia and the European Union in the 90s of the twentieth century at that time was progressive. Now the priority goal of scientific and legal research should be the harmonization of norms in the direction of their internal and external compatibility, while preserving the identity of the state’s procedural norms, which allows them to interact with global ones on equal terms.