ONTOLOGY OF THE SOURCES OF RUSSIAN CIVIL PROCEDURAL LAW

Resumo

Background: In the Russian doctrine, as well as in the international legal doctrine, there are different points of view regarding the sources of law. To date, no unified concept of the external form of civil procedure law has been developed. In the last decade, integration processes between the two families of law "“ the Anglo-Saxon and the Continental "“ have intensified at the international level, which has effectively called into question the previous modus vivendi regarding the divergence of sources between the legal families. Purpose: the study aims to reveal the ontology of the essence of the sources of civil procedural law, examine the current problems of the institute of the sources of law, and identify trends in the development of the institute of the sources of law in Russia. Methods: the problem of the study is disclosed from the standpoint of general scientific research methods (systemic, theoretical, and historical analysis) and the specialized methods of comparative legal science, logical and technical-legal analysis, concretization, and interpretation. Results: the authors explore and identify the gnoseological characteristics of the sources of procedural law in Russia in their historical context, compare the sources of procedural law in Russia with those in other countries, demonstrate the relationship of such concepts as judicial precedent and judicial discretion, and describe the impact of constitutional changes in Russia in 2020 on the institute of the sources of law.