О СУДЕБНЫХ ПРОЦЕДУРАХ ПО ГРАЖДАНСКИМ ДЕЛАМ СТОЧКИ ЗРЕНИЯ ИНСТИТУЦИОННО-ПАНДЕКТНОГО ПОДХОДА

Abstract

The article notes that in the countries of the German law group, to which Russia also belongs, the modern civil process is largely based on the institutional pandect approach with a strong public law component, in comparison with the states of the Romanesque legal tradition, where private law principles and various kinds of procedures prevail. It is argued that it does not follow from this that a procedural component cannot be present in Russian judicial proceedings in civil and administrative cases, as well as economic disputes. It is emphasized that within the framework of the observed objective legal integration, as well as keeping in mind the application potential of the procedures, they can be harmoniously implemented in existing procedural institutions without distorting their true semantic content or replacing them, but on one condition - if this will provide effective jurisdictional protection of the violated or contested rights, freedoms, and legitimate interests of individuals and organizations in the context of high standards and the goal of a fair trial.