Philosophical Meaning of Civil Proceedings

Abstract

The paper touches upon the general theoretical provisions of law and civil proceedings, set out in one of the scientific works of Professor M.S. Shakaryan. The basis for assessing these views is an ontological approach to defining the meaning of existence as a philosophical category inextricably linked with momentary existence, presented as a facet of the projection of personal and social experience into the future. Reliance on the existential interpretation of the category of meaning in this approach helps to identify the philosophical content of civil proceedings, assess the role and significance of such a phenomenon as error for judicial enforcement in civil disputes. The essential features of this phenomenon are revealed, attention is drawn to the difference in the nature of a party’s mistake in a civil proceeding and a court’s mistake, the phenomena of civil law and criminal proceedings determined by existence are compared with an error as a phenomenon of civil proceedings. The approach to considering a court decision as a turning point in the transformation of objectively studied personal experience into confirmed public experience is substantiated.