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FEATURES OF THE LINKS OF THE PARTS THAT MAKE UP THE CIVIL PROCEDURAL COMPLEX “A WIDE CIVIL PROCEDURE”

FEATURES OF THE LINKS OF THE PARTS

THAT MAKE UP THE CIVIL PROCEDURAL COMPLEX

“A WIDE CIVIL PROCEDURE”

V.M. SHERSTYUK,

Doctor of Legal Sciences, Professor of the Department of Civil Procedure

of the Law Faculty of the Lomonosov Moscow State University

DOI: 10.24031/2226-0781-2018-8-5-32-43

The article is devoted to the study of the features of the “wide civil procedure”. It is argued

that upon careful and detailed examination the parts of the summative whole do not

have common (integrative) properties. According to the author, it is difficult to point out

the integrating principle that unites the parts in question into a whole. For examples, an

analysis of the work of the labor dispute commission is used (the commission considers only

individual labor disputes, and the arbitration or notary office is not competent to handle

such disputes), as a result, the author comes to the conclusion that there is no reason to talk

about the presence of a common subject of activity and for a holistic education “a wide civil

procedure”. The same can be said about principles. For example, the adversarial principle

operates in civil and arbitration proceedings, peculiarly in the arbitration procedural

form, but it does not work in notarial proceedings and in the labor dispute commission.

In this article, the author explores the peculiarities of the legal relations between the parts

that make up the “wide civil procedure”. These links form a summative whole, but are not

multilevel, systemic, as is the case in the system of civil procedure law.

Keywords: connections; parts; “wide civil procedure”; civil procedure; notary protection;

arbitration protection; Commission for consideration of labor disputes.

References

Sherstyuk V.M. Kategorii «tseloe» i «chast’» v grazhdanskom i arbitrazhnom

protsessual’nom prave [Categories of the Whole and Part in Civil and Arbitration Procedural Law]. Vestnik grazhdanskogo protsessa = Herald of Civil Procedure, 2018, no. 3.

(In Russian)

Sherstyuk V.M. Sistema sovetskogo grazhdanskogo protsessual’nogo prava (voprosy

teorii) [The System of Soviet Civil Procedural Law (Theoretical Issues)]. Moscow, 1989.

(In Russian)

Information about the author

Sherstyuk V.M. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the

Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State

University (119991, Moscow, Lenin Hills, 1, bldg. 13 (the 4th studying building); e-mail:

[email protected]).

Recommended citation

Sherstyuk V.M. Osobennosti svyazej chastej, sostavlyayushchikh grazhdanskij

protsessual’no-protsedurnyj kompleks «shirokij grazhdanskij protsess» [Features of the

Links of the Parts That Make Up the Civil Procedural Complex “A Wide Civil Procedure”].

Вестник гражданского процесса = Herald of Civil Procedure, 2018, no. 5,

p. 32–43. (In Russian) DOI: 10.24031/2226-0781-2018-8-5-32-43

V.M. SHERSTYUK