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This article analyzes existing approaches in legal doctrine to understanding the systematization of civil procedural law. The main properties of the system of this branch of law are determined — the unity and interconnection of legal norms. It has been established that the signifi cance of the system of civil procedural law lies in the fact that thanks to it, a consistent study of the development of civil procedural law is determined, and the relationship of its individual legal norms included in the unifi ed system of the branch of law is studied. The issue of the relationship between civil and arbitration procedural law is considered and the conclusion is formulated that the constitutional legalization of arbitration proceedings should be considered as formalizing the degree of independence of arbitration procedural law and therefore there is no need to include it in the system of civil procedural law today. At the conclusion of the work, the authors came to the conclusion that in the general theory of law there is no such unit of division as “part of the legal branch,” however, the overwhelming majority of procedural scientists are reduced to dividing the system of civil procedural law into precisely these “parts.” Moreover, in this case, “part of the legal industry” should be understood as a set of tools used by the legislator for structuring industries in the form of “legal norms”, “institutions”, “sub-sectors”, which divide the system of civil procedural law into general and special parts, and, to this division, some scientists also add a particular part, including in it specifi c relations that arise in certain types of civil proceedings.
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Roman S. Kudryavtsev
Tatyana P. Makashova
Bulletin of Chelyabinsk State University Series Law
Chelyabinsk State University
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Kudryavtsev et al. (Thu,) studied this question.
www.synapsesocial.com/papers/68e65f84b6db6435875ed374 — DOI: https://doi.org/10.47475/2618-8236-2024-9-1-44-50
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