View on the Restoration of Procedural Terms from the Perspective of the Theory of Legal Interests

Abstract

The General nature of legal regulation inherent in law is inextricably linked to the problem of implementing the discretionary powers of the law enforcement officer, including the court, which in modern Russian legal doctrine is proposed to be solved from the position of two approaches: judicial discretion and individual regulation, both of which are characterized by the unwillingness to offer a mechanism for developing the only. The use of certain provisions of the theory of legal interests can contribute to the solution of this problem. Disclosure abstract methods to achieve balance of interests of participants of the procedure relations the article contributes to the study of the mechanism for enforcement decisions in the process of implementing the court's discretion in the field of restoration of procedural deadlines. The research was carried out on the basis of using the method of system analysis, logical methods, special legal method of cognition of the phenomena of legal validity based on certain provisions of the theory of legal interests in the civil process (types of legal interests according to the mechanism of implementation; methods for determining the balance of interests; law enforcement basis for resolving conflicts of legal interests). It is proved that in the process of implementing the discretionary power, the only correct law enforcement decision should be developed. This decision expresses the balance of interests of participants in procedural relations, achieved on the basis of principles of law in combination with moral and ethical categories. The effectiveness of the described approach is illustrated by examples from law enforcement practice.