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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

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

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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@

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

R.F. STEPANENKO