Herald of Civil Procedure

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Candidate of Legal Sciences, Associate Professor,
Department of Civil and Administrative Procedure,
Kutafin Moscow State Law University (MSAL)

The article raises the question of the source of the spirit of procedural law. The options of expressing
the spirit of procedural law in the principles of procedural law, human rights, social relations
are consistently discussed. In particular, the author points out that the spirit of procedural law
should be sought in the needs of specific public relations. The spirit of the law can be revealed
in connection with the solution of a private issue, but it cannot be a private manifestation in
itself, it must be expressed in the most general idea that best meets the criterion of universality.
In conclusion, the researcher suggests that procedural issues should be allowed to be resolved on
the basis of the need for a fair solution. In particular, it is pointed out that the very possibility
of the court to base the resolution of a procedural issue, which has no other way of resolution,
based on the need for fairness should be provided. It is also noted that such a mechanism can
provide a legal basis for those judges who are willing to solve complex, unregulated procedural
issues, embodying in their decisions the highest ideal of justice, its spirit – fairness.

Keywords: spirit of procedural law; positive law; principles; human rights; analogy; judicial
discretion; justice.


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Information about the author

E.G. Streltsova (Moscow, Russia) – Candidate of Legal Sciences, Associate Professor,
Department of Civil and Administrative Procedure, Kutafin Moscow State Law University
(MSAL) (9 Sadovaia-Kudrunskaia St., Moscow, 125993, Russia; e-mail: 1717elena@

Recommended citation

Streltsova E.G. V poiskakh dukha protsessual’nogo zakona [In Search of the Spirit
of Procedural Law]. Vestnik grazhdanskogo protsessa – Herald of Civil Procedure, 2022,
vol. 12, no. 1, pp. 63–70. (In Russ.) https://doi.org/10.24031/2226-0781-2022-12-1-