LEGAL RELATIONSHIP OF PROCEDURAL AND LEGAL NORMS WITH OTHER LEGISLATION IN THE JUDICIAL PROTECTION OF CIVIL RIGHTS

Abstract

This scientific article examines the relationship between substantive and procedural law in civil proceedings. Based on the analysis of the existing doctrinal positions, it is indicated that each procedural branch of law is closely connected, first of all, with that branch (branches) of substantive law, which it as if serves. This connection is crucial in terms of clarifying the legal nature of the procedural procedures designed to service the basic substantive legal relationship. The relationship between substantive and procedural law is crucial, because it is the substantive law determines the category of cases in each of the types of proceedings, including civil, because the different legal nature of cases is important to determine the order of judicial review of such cases. It is indicated that the determining influence of the substantive component of cases is carried out, first of all, on the activity of the court of first instance. It is emphasized that the main elements that are under the material – legal influence (formed) include, in particular, the following: the subject and grounds of the claim (statement of claim), the subject composition, jurisdiction, subject of proof (evidence and proof), ways to protect the violated, unrecognized or disputed subjective rights and interests, etc. The relationship between the rules of substantive and procedural law can be traced in the content of the court decision. It is indicated that the court in the motivating part of the decision indicates the rules of law applied by the court, and the reasons for their application and the rules of law referred to by the parties, which the court did not apply, and the reasons for their non-application. that the substantive nature of cases to some extent affects the procedural form of their consideration and resolution in civil proceedings. there is a certain differentiation into generic and categorical characteristics, which distinguish court cases. Generic properties of court cases – are the criteria for distinguishing types of court cases. This is a branch affiliation of a certain group of material legal relations; the legal nature of substantive legal facts, which is a prerequisite for the emergence of civil proceedings. It is indicated that the current construction of the Civil Procedure Code of Ukraine shows that the rules of civil procedural law have some feedback with substantive law. The conclusion is made about the relationship between the norm of substantive and procedural law, which is manifested in the resolution of a particular civil case, in particular, in determining the rules of jurisdiction, highlighting the subject of evidence, determining the subjective composition of the parties.