legal process

The Normative Bases of Legalization of Non Jurisdictional Process

Introduction. Globalization and regionalizations of social and economic communications caused contradictory changes in legal system of the Russian Federation. It is receive an ambiguous assessment in legal science and practice. So there is an introduction of not traditional categories for jurisprudence in legal practice, one of which is non jurisdictional process. Theoretical analysis. The formation of the concept of the normative bases of non jurisdictional process will promote detection of dependences between rules of legislation and its practice. The materialization of non jurisdictional process can be carried out in borders of realization of the right. It is possible because of indirect legal fixing in the legislation. Therefore legitimate interests of owners are limits of legalization of non jurisdictional process. Non jurisdictional forms of ensuring the rights and legitimate interests are applied in the international and state public and private law. Therefore, the object of analysis is different legal acts. Conclusion. This analysis allows to claim that the legislation of Russian Federation contains the provisions allowing and providing legalization of non jurisdictional process in legal system of the Russian Federation. It plays a role of the normative bases of introduction of non jurisdictional process legal practice. Legal rules are allow to consider the non jurisdictional process as one of components of the mechanism of ensuring the rights and legitimate interests of the person. In this sense the problem of not jurisdictional process is interdisciplinary.

The Nature of Non Jurisdictional Process: Logiko-gnoseological Aspect

Introduction. The modern legal sphere is characterized by the destruction of binary structure based on the balance of two systems of social and economical development. This had in impact on the increasing role and importance of the non-jurisdictional process based on rationalism and functional structuralism. Theoretical analysis. The article deals with the relations between form of action, procedure, and legal process to profoundly understand the nature of the non-jurisdictional process. As a result we come to a conclusion that legal relations are a universal form of action, the structural elements of which are process and procedure. Russian legislation is analyzed on the subject of normative base of the non-jurisdictional process. One of the conclusions made in the article is that non-jurisdictional process consists of action of bearers of rights and duties to provide their legitimate interest by the consequent change of the stages or conditions, which reflect the relations of the will and interest. The article touches upon the specific features of the non-jurisdictional process: the absence of dispute about rights; the presence of not less than two concerned parties; legal order as a form of action of non-jurisdictional process; the freedom of will to provide legitimate interest; conscious and volitional nature of the non-jurisdictional process. In the article the types and subtypes of the non-jurisdictional process are described. Conclusion. The non-jurisdictional process is a specific behavioral model of the subject to protect their legitimate interests. The object of non-jurisdictional process is interest of parties or third parties, that encumbered with obligations. The non-jurisdictional doesn’t affect with interests of third parties.