General Theoretical Aspects of the Relation of Concepts "Legal Process", "Process of Law", "Legal Proceedings"

Abstract

Social and economic, political, ideological transformations taking place in modern Russian society and the state determine the need for institutionalization, legal fixation of certain types of state-power activities. This tendency gives rise to the proceduralization of Russian legislation, the emergence of new types of state work, varieties of the legal process and legal procedures, and therefore equal sets of norms and institutions of procedural law, which is linked to the strengthening of the requirements of legality, guarantee and full protection of the rights, freedoms and legitimate interests of the person in the exercise of the functions of the state and its bodies. Despite large number of publications on this perspective, there are practically no researches devoted to comparative and legal characteristic of processes of law and types of legal process. Research objective is to present author's vision of intrinsic signs, common and special features of legal process, legal proceedings and process of law relying on the points of view created in the all-procedural theory. The research of a problem of a ratio of the studied concepts allowed to reveal and formulate characteristics of legal process as organizational and imperious activity, and also to determine the volume and the maintenance of this phenomenon of legal reality.