Исковость: в поисках утраченного?
Actionability – In Search of the Lost?
Subject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law
Published by: Łódzkie Towarzystwo Naukowe
Keywords: actionability; procedural law; Russian law
Summary/Abstract: Since the 19th c. Actionability is traditional category that serves to explain the origin of the action from the one side and to explain the concept of the procedural protection in general from the another one. Modern science of procedural law in Russia as well as the Russian legislator virtually do not recognise it. In the opinion of the author such conduct is improper. Actionability and its understanding are the key prerequisites that enable the creation of the fully efficient legal solutions. The methodology of the actionability is simultaneously the methodology of mutual cooperation of the substantive and procedural laws, the methodology of understanding the essence of the court procedure. For that reason the actionability is necessary condition of the legislative moves and their systematisation. This assumption was analysed in the article both in a historical aspect and from the perspective of the contemporary Russian law and the projects of its amendment.
- Issue Year: 2016
- Issue No: 99
- Page Range: 75-88
- Page Count: 14
- Language: Russian