THE FOUNDATIONS OF DUALISM OF DISPOSITIVITY IN JURISDICTIONAL PROCESS Cover Image

ОСНОВАНИЯ ДУАЛИЗМА ДИСПОЗИТИВНОСТИ В ЮРИСДИКЦИОННОМ ПРОЦЕССЕ
THE FOUNDATIONS OF DUALISM OF DISPOSITIVITY IN JURISDICTIONAL PROCESS

Author(s): Arina Rafailevna Valieva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice
Published by: Казанский (Приволжский) федеральный университет
Keywords: jurisdictional process; dispositivity; jurisdictional and procedural dispositivity; private principle; public principle; legal dualism; dualism of dispositivity;

Summary/Abstract: The article justifies theoretically, methodologically and legally the relevance of the general theoretical concept of dualism of dispositivity as a principle of the current competitive model of jurisdictional process. The paper shows that this concept allows a holistic perception and analysis of the problem of correlation between the public and private principles of jurisdictional and procedural dispositivity. The concept also makes it possible to study the ways of balancing private and public interests in modern jurisdictional process.