Doctrinal Understanding of the System of Principles of Procedural and Legal Regulation

Abstract

The system of principles of procedural and legal regulation of public relations is the basis for its effective implementation. Since the problems of the principles of procedural legal regulation remain little studied, the author set the goal: to substantiate, classify and identify the criteria for the formation of a system of these principles. An analysis of doctrinal approaches showed that the principles of law are formulated in the law or stem from its meaning, serve as a guide for the activities of authorized entities in the process of legal regulation of public relations. As a result, it was revealed that there are two methodological approaches to the definition of the principles of procedural legal regulation in general theoretical science: synthesized, which includes the principles of law, legal principles, as well as norms-principles, based on their content and purpose; according to the second, only the principles presented in the system are included, while those that are directly related to such regulation are identified. As a result of the study, the system of procedural legal principles was formed according to the following criteria: a) a source of normative consolidation: constitutional and principles enshrined in other regulatory legal acts; b) in terms of scope: general legal, intersectoral, sectoral and institutional principles; c) on the subject of legal regulation (according to the procedural branches).