Judicial law in the context of modern integrative legal understanding
https://doi.org/10.31429/20785836-13-2-77-81
Abstract
At present, at the legislative level in Russia, there is a lack of consistency in the implementation of the judiciary. One of the reasons for this is the underestimation of the scientific concept of judicial law, which is currently the methodological basis for consolidating the branch of judicial law in Russian law.
This scientific article is aimed at substantiating theoretical and legislative proposals for the consolidation of judicial law in the Russian legal system, which will increase the efficiency of justice.
Purpose: On the basis of the concept of judicial law, to investigate the problems of building the branch of judicial law, using an integrative approach in legal thinking, which allows not only to perceive law as an integral phenomenon, but also ensures the achievement of such criteria of scientific research as comprehensiveness, objectivity and historicism.
Methods: In the article the author made an attempt to analyze the branch of judicial law in the context of modern integrative legal thinking from the standpoint of the origin of its ideas and assessment of the current state. In the process of preparing the article, a number of general scientific (dialectical, formal-logical, systems analysis) and special-legal (comparative-legal, formal-legal) research methods were used.
Findings: The result of the study of scientific literature, generalization and comparison of various points of view was the formulation of the author's definition of the branch of judicial law in the context of modern integrative legal thinking.
Judicial law is an integrated, complex, public branch of law, which includes judicial and judicial procedural law for the implementation of the functions of the judiciary in civil, administrative, arbitration and criminal proceedings.
Legal proceedings as an integral part of judicial law are civil, administrative, arbitration and criminal proceedings.
Judicial law as an integral part of judicial law is a set of regulations governing the formation, structure, and competence of the courts of the unified judicial system of the Russian Federation.
About the Author
Yu. A. Popova
Centre Russian State University of Justice, North Caucasian branch
Russian Federation
Russian Federation
Popova Yulia Aleksandrovna, Doctor of Law, Professor, Head of the Civil and Administrative Proceedings Department
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Review
For citations:
Popova Yu.A. Judicial law in the context of modern integrative legal understanding. Legal Bulletin of the Kuban State University. 2021;(2):77-81. (In Russ.) https://doi.org/10.31429/20785836-13-2-77-81
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