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Notion, Subject, Methods and System of Civil Procedural Law

Author (s)

Boltuyev Samad Shrifbayevich

Abstract

In his article the author canvasses the issue related to notion, subject, methods and system of the civil procedural law. Among other  methods investigations the author adduces to comparative-legal and historic-legal approaches aimed at the analysis of the issues carried into effect. The author`s idea is based not only on legal norms, but on the examples from the practice of law enforcement either. He considers the essence of the civil procedural law in modern epoch under the new conditions of civil communities rise which presupposes of a new understanding of philosophy law. The author proposes his own determination in regard to each notion under consideration. It is asserted that the system of civil procedural law, just  as other systems of law branches,  is closely connected with the legal policy of the state which preconditions  its capacity for  alterations.

Keywords

civil procedural law, legal regulation, subject, civil case, juridical bodies, common civil court, economy court, arbitral court 

References

1.                  Avdeenko N.I. Mechanism and Boundaries of Regulating Sway over Civil Procedural Law. – P., 1969. – 384 pp.

2.                  Boltuyev S.Sh. To the Issue Related to the Notion of Civil Procedural Law / Fortification in Regard to Sociological Legitimateness and Improvement of Legislation. - Dushanbe, 1984. – pp. 114 – 128.

3.                  Boltuyev S.Sh. Realization of Forensic-Legal Reform as Move towards Creation of Law-abiding State / Materials of scientific-practical conference «Legal State and Justice». – Dushanbe, 1990. – pp. 47 – 53.

4.                  Boltuyev S.Sh. Court, Implementing Errand as a Subject of Cognitive Activity / Problems of Improvement of Civils-Legal Regulation. – Tomsk, 1991. – pp. 171 – 174.

5.                  Boltuyev S.Sh. Some Measures Concerning Elevation ofEffectiveness of Court Hearing in the Process of Truth Establishment on a Civil Case. – Khujand. – Noshir. 2002. – 153 pp.

6.                  Boltuyev S.Sh. New Understanding of Philosophy of  the Procedural Legislation (Review on the book «Commentary to the Civil Procedural Code of Tajikistan Republic» under the editorship of Dr. of Law, Professor Rahimov M.Z. – Dushanbe, 2012. – 574 pp.). – Bulletin of TSU LBP. – Khujand, 2012. - # 4 (52). – pp. 262 – 265.

 7.                  Boltuyev S.Sh. International-Legal Acts Concerned with Legal Regime of Transboarder Water Resources / Innovative Geopolicy of Strategical Resources: Challenge and Prosperity: Collection of articles and commentaries of scholars and teachers for scientific-theoretical conference under the Tajik State University of Law, Business and Politics dedicated to the Year of International Cooperation in the Field of Water (23-26 April). – Khujand. - Noshir, 2013. – pp. 32 – 37.

Publication date

Monday, 24 October 2016