Herald of Civil Procedure
EN
main-photo

We in a citing index:

PROCEDURALITY OF LAW IN AXIOLOGICAL DIMENSION: GENERAL THEORETICAL AND METHODOLOGICAL PROBLEMS

PROBLEMS OF CIVIL PROCEDURE


R.F. STEPANENKO

R.F. STEPANENKO,
Doctor of Legal Sciences,
Professor of the Department of Theory and History of State and Law
of the Kazan (Volga Region) Federal University

DOI: 10.24031/2226-0781-2019-9-3-34-44

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
normative regulations.

Keywords: absolute values; relative values; procedural law; legal activity; procedure.

References

Bachinin V.A. Encyclopedia of Philosophy and Sociology of Law. St. Petersburg,
2006. (In Russian)
Bonner A.T. Selected Works. In 7 vol. Vol. 1: The History of Civil Procedural Law.
The Specifics of Civil Procedural Relations. Moscow, 2017. (In Russian)
Fuller L.L. The Morality of Law. Yale University Press, 1964.
Kodan S.V. Party-State Mechanisms to Ensure the Implementation of the Ideological
Conflict-Free Nature of Soviet Socialist Law (1917–1980s). Legal Engineering, 2017,
no. 11. (In Russian)
Kozlikhin I.Yu., Polyakov A.V., Timoshina E.V. History of Legal and Political Studies.
St. Petersburg, 2007. (In Russian)
Lenin V.I. Complete Works. Vol. 35. 5th ed. Moscow, 1974. (In Russian)
Rybakov O.Yu. The Type of Legal Thinking as a Value-Ideological Prerequisites for
the Interpretation of Law. Education and Law, 2017, no. 2. (In Russian)
Sultanov A.R. Simplification of Proceedings, or for Whom the Bell Tolls? Herald of
Civil Procedure, 2018, no. 5. (In Russian)
Valeev D.Kh. Principles as Procedural Guarantees in Enforcement Proceedings.
Law, 2007, no. 5. (In Russian)
Valeev D.Kh. The System of Procedural Guarantees of the Rights of Citizens and
Organizations in Enforcement Proceedings: Synopsis of a Thesis for a Doctor Degree
in Law Sciences. Yekaterinburg, 2009. (In Russian)
Zhukov V.N. Kantianism and Neo-Kantianism in Russian Sociology of Law. State
and Law, 2015, no. 9. (In Russian)

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@
kpfu.ru).

Recommended citation

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

 el_.png   it_.png   book.png

Keywords