Unity and Differentiation of Procedural Form

Abstract

The paper discusses scientific and theoretical issues of the procedural form, analyzes the views of scientists on the essence and features of this legal category, its significance. The position on the existence of two sides of the procedural form — external and internal — is substantiated. The external form is stable and unchanging, the internal form is flexible and adaptive, and can be subject to change under the influence of various circumstances. Considering this, the author crystallizes the external procedural form features and concludes that the flexibility and adaptability of the internal procedural form allows it to be adjusted to the needs of various spheres of society, which are often strikingly different from each other and require special protection mechanisms. As a result of differentiation of the procedural form, the efficiency of procedural activities will be ensured and the goals of legal proceedings will be achieved. Taking this into account, the need to conduct a comprehensive large-scale study of the issue of creating a specialized type of family legal proceedings and the corresponding specialized procedural form is substantiated.