Formalization of civil procedural norms of law in legal science in the light of modern scientific approaches
Year: 2025
Type: article
Abstract: The article analyzes the formalization of civil procedural norms of law in legal science in the light of modern scientific approaches. It is noted that this issue is important for improving legislation and increasing the efficiency of law enforcement, and existing studies often combine theoretical developments with practical problems, such as the formulation, systematization and implementation of procedural norms, which contributes to a better understanding of the essence of these norms, their significance for fair trial and the rule of law. It is emphasized that the formalization of civil procedural norms attracts the attention of many scientists, the main categories considered in the context of the study include formal certainty, formalization and legal technique. The importance of clarity and unambiguousness of legal norms for protecting citizens’ rights is emphasized. It is stated that there is no single approach to interpreting the term «formal certainty» today. It is noted that in modern approaches the term «formalization» is understood as the process of giving a formal appearance, which includes replacing meaningful terms with symbols and formulas. In English-language dictionaries, formalization has two main meanings: concluding an agreement or creating an official document, as well as structuring objects through the introduction of rules. In modern Ukrainian science, the terms «formalize» and «formalize» emphasize giving a stable appearance and the process of acquiring formality. It is emphasized that the study of legal technique covers not only norms, but also the organization of legal sources, such as regulatory legal acts. The approaches of scientists to the definition of legal technique are analyzed, who consider this concept as a set of means, methods and techniques used to develop and implement legal norms in order to increase the effectiveness of legal regulation of social relations. The effectiveness of legal regulation, legal certainty and systematicity are indicated, which, although interconnected, remain autonomous, and focusing only on efficiency can lead to the loss of other important features of law, legal certainty should ensure the predictability of the application of legal norms for each person, which is the basis of legal security in a democratic state, and the systematicity of the positive is manifested through integrity, internal consistency and structural organization.
Author: V. B. Skomorovskyi
Institution: KROK University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7127068122