Civil and criminal procedural approaches to the definition of individual judicial regulation
// Law and Politics. – 2022. – № 7.
– P. 34-42.
Read the article
Abstract: In legal science, such a direction of research as individual legal regulation has become widespread. On its basis, types are distinguished, including individual judicial regulation. This concept is of particular importance for criminal proceedings and its study can lead to new theoretically and practically significant results. Considering that the study of individual judicial regulation has been conducted for many years in the general theory of law, in civil law, the purpose of this work was to generalize their individual results (in terms of the main features of individual judicial regulation) and to develop the main directions of their application in the field of criminal proceedings. The object of the study was relations in the field of judicial criminal procedural activity.
Methods of analysis, synthesis, generalization, comparative legal, formal legal, modeling were used in the study. The main results were expressed in the identification of knowledge useful for the science of the criminal process, obtained by scientists in the field of theory of law (V.V. Ershov, V.M. Gorshnev, S.S. Alekseev, etc.), civil law (V.V. Kulakov, A.D. Koretsky, V.V. Gruzdev, etc.) and determining their significance for conducting research of individual judicial regulation in criminal proceedings.
The author's conclusion based on the results of the study is the need to develop scientific research in relation to individual judicial regulation in criminal proceedings as a potentially effective means of resolving criminal law conflicts, taking into account the developing trends of procedural contracts, agreements and other vectors that increase the level of individuality of decisions made by the court.
Keywords: criminal procedural activity, civics, participants in criminal proceedings, legal relations, legal regulation, criminal proceedings, judicial regulation, individual legal regulation, individual judicial regulation, theory of law
Gorshenev, V.M. (1966). The concept of the method of legal regulation and its varieties. Collection of scientific works. Issue. 5. Sverdlovsk: Middle-Ural. book. publishing house, pp. 388–415.
Alekseev S.S. (1974). Soviet law as a system: Methodological principles of research. Soviet state and law, 7, р. 16–17.
Ershov, V.V. (1986). Individual judicial regulation. News of higher educational institutions. Jurisprudence, 6. р. 9–17.
Krasnoyaruzhsky, S.G. (1990). Individual legal regulation in the Soviet society: (questions of theory and practice): author. dis. ... cand. legal Sciences. M., 22 p.
Morandier, L.Zh. (1958). French civil law. In 3 volumes / Per. from French and intro. Art. E.A. Fleischitz. M.: Izd-vo inostr. lit., vol. 1, p. 40, p. 45–47.
Koretsky, A.D. (2005). The concept and classification of the elements of the contract. Legitimacy, 10. р. 41.
Koretsky, A.D. (2007). Principles of contractual regulation of civil law relations. Russian justice, 11, р. 47–49, р. 47.