PRINCIPLES IN THE SYSTEM OF MANDATORY CRITERIA FOR THESYSTEM FORMATION OF THE INDUSTRY OF CIVIL PROCEDURE LAW(EXPERIENCE OF RUSSIA AND KAZAKHSTAN)
DOI:
https://doi.org/10.1063546/8rnac210Keywords:
civil procedural law, industry, principle, system formation criterion, arbitration proceedings, administrative proceedingsAbstract
The article draws attention to the need to develop new approaches to identifying criteria for the systemic formation of the branch of civil procedural law. A key premise for this discussion is the issue of fragmenting the unity of civil procedural law into three major legal domains: civil, arbitration, and administrative proceedings. This division is particularly highlighted by the adoption of separate codes for resolving public law disputes in Russia and Kazakhstan, which remains a matter of controversy.
To explore this, the author analyzes the norms of civil and administrative procedural legislation in both countries, alongside scholarly perspectives from Russian and Kazakh legal researchers regarding the criteria for forming a branch of law. The analysis leads to the conclusion that, in addition to the traditional criteria—subject and method—used for system formation, the principles underlying a branch of law should also be recognized as an essential criterion.
By introducing this additional criterion, the author argues that, both before and after the adoption of the Code of Administrative Court Procedure of the Russian Federation (CAS RF) and the Administrative Procedural and Processual Code (APPC) of the Republic of Kazakhstan, there has been no sufficient doctrinal or legal justification for the principles of administrative proceedings that would substantiate the autonomy of administrative procedural law as an independent legal branch.
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