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PROCEDURALITY OF LAW IN AXIOLOGICAL DIMENSION: GENERAL THEORETICAL AND METHODOLOGICAL PROBLEMS
PROCEDURALITY OF LAW IN AXIOLOGICAL DIMENSION:
GENERAL THEORETICAL AND METHODOLOGICAL PROBLEMS
Doctor of Legal Sciences,
Professor of the Department of Theory and History of State and Law
of the Kazan (Volga Region) Federal University
Axiological approach claims the content of law includes not only empirically tangible
objectivity and normativity, but also absolute, universal and timeless values and meanings.
The article discusses the absolute and relative values of procedural rights as not subject to
change and not influenced by socio-historical conditions (absolute values), as well as the
relative legal values, determining the improvement of existing legislation and dynamically
developing depending on the evolution of public relations. In the context of legal axiology
and by extrapolating the views of the integrative theory of law into the subject matter,
attention is focused on the predetermined unity of procedural and substantive law, which is
confirmed by the historical experience of its functioning in integrity. A synergetic approach
to the consideration of procedural law as an open, dynamic and self-developing system
allows formulating methodologically important conclusions about the absolute values of
constitutional principles that are guarantees for the observance of human and citizen rights
and freedoms in the implementation of procedures (activities) for the implementation of
Keywords: absolute values; relative values; procedural law; legal activity; procedure.
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Information about the author
Stepanenko R.F. (Kazan, Russia) – Doctor of Legal Sciences, Professor of the
Department of Theory and History of State and Law of the Kazan (Volga Region) Federal
University (18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail: theory_of_law@
Stepanenko R.F. Procedurality of Law in Axiological Dimension: General Theoretical
and Methodological Problems. Herald of Civil Procedure, 2019, vol. 9, no. 3, p. 34–44.
(In Russian). https://doi.org/10.24031/2226-0781-2019-9-3-34-44