Problems of the Legal Process Form within the Framework of the Contemporary Legal Reality

Abstract

The nature of the legal process is one of the classic sources of legal philosophy, which has a valuable place among judges. This work should be considered in line with the efforts of legal realists in exposing the shortcomings of the formalist view. For this purpose, they tried to show that considering law as something completely independent, logically consistent and predetermined is not correct, and accordingly, considering the judge as a person who derives legal rules from the body of the legal system in a completely deductive manner cannot be correct either. There are many gaps in law that cannot be filled by law, and existing legal principles and rules can provide various solutions. Within the framework of the contemporary legal reality, the problems of the legal process form, which received extensive coverage in legal science, arouse a new wave of scientific interest among theorists and practicing lawyers. Investigation of this problem, which is of practical importance, is one of the most important tasks of theory of law. This research considers one of the basic theoretical problems, which is the problem of the form of action essence definition and its requirements. Within the framework of the research, the authors provide insights into the philosophic meaning of the undefined concept “form”, give the definition of legal process, provide the correlation of such concepts as “form of legal process” and “legal process form”, and look at the essence and main requirements of the legal process form. It is necessary to study this problem to improve procedural legislation and the practice of its implementation by the parties of procedural legal arrangements, as well as for the development of legal culture in the sphere of legal process.