Черных И.И. Система подготовки дела к судебному разбирательству

Аннотация: In modern Russia the process of improvement in civil proceedings and growing in efficiency of individual protection citizens’ and organizations’ rights is the most important direction of public formation. More often the greatest and profound tendencies on proceedings development are formed by court practice and judicial opinion. But its implementation in legal proposition can result in disfigurement of legal reality and the errors of legal regulation, if it has not the sufficient scientific examination. The dogmatic-normative method of study of legal phenomena with its integral methodological researches and analyses is the most widespread way in the science of civil procedure. Such variant do not answer all the requirements of science and practice. This article contains suggestion to use another scientific direction – the systematic method of analysis certain phenomena, relating to the objects, which are regulated by civil procedure. The attention is concentrated on one of stages of proceedings in general jurisdiction courts and arbitration courts – on the preparation of contentious case for the court trial. It is not an overstatement to determinate case preparation as the proceedings stage of the highest significance level in the court of first instance. It is precisely such quality of case preparation provides correctness and timeliness of civil investigation and disposition decision. Case preparation for the court trial is defined as a system, which is formed by common purpose of this proceeding stage – providing correctness and timeliness of civil investigation. Achievement of this goal is realized with the activity of system elements. Such element as the tasks of case preparation implements designing function of the system, it is in the fact to reconstruct the virtual model of justiciable controversy, which has arisen in reality and requires the adjudication by the instrumentality of legal potentialities. The next element of case preparation for the court trial – the parties – functions as personalization. Analysis of the parties as the element of system makes it possible to obtain the knowledge such characteristic of the system of case preparation as the capability to form legally acceptable purposeful behaviour of the procedural relationship participants and to take into consideration personal legal interest of them on the ground of procedure regulations. Another element of system, the function of legal proceedings, can be defined as objectifying function. When it is realized, the dynamical characteristic of the system becomes apparent. This characteristic explains the capability of system to advance and to develop according to influence of internal and external factors and also provides coordination with other systems. In the projection on legal reality the systematic approach finally permits to estimate correspondence of components (in present case – certain legal regulations) to the systematic character of object and to reveal inaccuracies of legal regulation.

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Abstract: In modern Russia the process of improvement in civil proceedings and growing in efficiency of individual protection citizens’ and organizations’ rights is the most important direction of public formation. More often the greatest and profound tendencies on proceedings development are formed by court practice and judicial opinion. But its implementation in legal proposition can result in disfigurement of legal reality and the errors of legal regulation, if it has not the sufficient scientific examination. The dogmatic-normative method of study of legal phenomena with its integral methodological researches and analyses is the most widespread way in the science of civil procedure. Such variant do not answer all the requirements of science and practice. This article contains suggestion to use another scientific direction – the systematic method of analysis certain phenomena, relating to the objects, which are regulated by civil procedure. The attention is concentrated on one of stages of proceedings in general jurisdiction courts and arbitration courts – on the preparation of contentious case for the court trial. It is not an overstatement to determinate case preparation as the proceedings stage of the highest significance level in the court of first instance. It is precisely such quality of case preparation provides correctness and timeliness of civil investigation and disposition decision. Case preparation for the court trial is defined as a system, which is formed by common purpose of this proceeding stage – providing correctness and timeliness of civil investigation. Achievement of this goal is realized with the activity of system elements. Such element as the tasks of case preparation implements designing function of the system, it is in the fact to reconstruct the virtual model of justiciable controversy, which has arisen in reality and requires the adjudication by the instrumentality of legal potentialities. The next element of case preparation for the court trial – the parties – functions as personalization. Analysis of the parties as the element of system makes it possible to obtain the knowledge such characteristic of the system of case preparation as the capability to form legally acceptable purposeful behaviour of the procedural relationship participants and to take into consideration personal legal interest of them on the ground of procedure regulations. Another element of system, the function of legal proceedings, can be defined as objectifying function. When it is realized, the dynamical characteristic of the system becomes apparent. This characteristic explains the capability of system to advance and to develop according to influence of internal and external factors and also provides coordination with other systems. In the projection on legal reality the systematic approach finally permits to estimate correspondence of components (in present case – certain legal regulations) to the systematic character of object and to reveal inaccuracies of legal regulation.

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