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THEORY AND HISTORY OF SOVIET CIVIL PROCEDURE

HISTORY OF THE CIVIL PROCEDURE


A.Ya. KODINTSEV

A.Ya. KODINTSEV,
Doctor of Legal Sciences,
Professor of the Department of State and Municipal Administration
of the Surgut State University

DOI: 10.24031/2226-0781-2019-9-4-124-137

The article reveals the history of the study of Soviet civil proceedings. In Soviet times, most
of the work was devoted to the practical aspects of civil procedure. Scientists investigated
separate institutes of the proceedings, emphasized its role in the construction of a socialist state.
Proceduralists of the 1950s–1980s actively developed the theory of civil justice (N.F. Kleynman,
N.A. Chechina, M.Kh. Khutyz) but there was almost no interest in Soviet procedure in the
1990s, at least scientists made up little historical references. Often, the rules of the two Civil
Procedure Codes of the RSFSR were copied. The situation changed in the next decade. It turns
out a series of scientific papers on the procedure in general and on history in particular. But in
this period, science has so far basically accumulated knowledge. A quality transition occurred
in the 2010s. At present, historical-legal science is moving to an active and in-depth study of
the specific features of civil proceedings in Soviet Russia. Scholars began to study the Soviet
experience of legal proceedings immediately in several directions. Some of scholars approached
the Soviet period from doctrinal position (D.Ya. Maleshin), while other establish the connection
between the imperial and Soviet processes (V.N. Tarasov), or place judicial proceedings in the
general context of the development of Soviet society (V.V. Nikulin), or consider the position
of the prosecutor when considering civil cases (V.R. Alikov and A.Z. Zolnikov), and some
scholars are focused on the consideration of individual stages of the process (D.S. Isakova,
S.Yu. Yakovlev, E.A. Nakhova, E.V. Dremova, A.A. Selkova, A.S., Morozova, etc.). Finally,
an intermediate result, a kind of generalization of modern achievements of jurisprudence in
this sphere, is contained in the studies of M.O. Dolova, who summarized the controversies of
Soviet proceduralists about the essence of civil procedure.

Keywords: Soviet civil procedure; cassation procedure for review of cases; judicial decision;
historiography; law enforcement practice.

References

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Information about the author

Kodintsev A.Ya. (Surgut, Russia) – Doctor of Legal Sciences, Professor of the
Department of State and Municipal Administration of the Surgut State University
(1 Lenina St., Surgut, 628400, Russia; e-mail: Balsak1@yandex.ru).

Recommended citation

Kodintsev A.Ya. Theory and History of Soviet Civil Procedure. Herald of Civil Procedure,
2019, vol. 9, no. 4, p. 124–137. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-4-124-137

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