DEVELOPMENT OF THE CONCEPT «CIVIL PROCEDURAL FORM» IN RUSSIA IN THE SECOND HALF OF THE TWENTIETH CENTURY

Authors

  • Andrey Anatolyevich Alekseev Author

Abstract

The article is devoted to the history of the concept of "civil procedural form" in the
second half of the twentieth century. Today, one of the main conditions for legality of the
decision of the court in any civil case is a strict adherence to the procedural form, the legal
nature and essence of which still do not have an unambiguous interpretation in science. The
author analyzes the positions of various scholars concerning the meaning of "civil procedural
form", as well as their positive and negative aspects. A plurality of views on the phenomenon
in question resulted in the need to distinguish the two concepts of "procedural
form" and "legal procedure". As a result, the author comes to the conclusion that with the
passage of time, many aspects of civil procedural form became quite uniformly understood,
and its use was limited to the court operations in civil cases.

Author Biography

  • Andrey Anatolyevich Alekseev

    Candidate of Sciences (Law), Associate Professor of Civil
    Law and Procedure Department, South Ural State University, Chelyabinsk, Russian Federation