THE THEORETICAL AND LEGAL MECHANISM GOVERNING THE INTERACTION BETWEEN SUBSTANTIVE AND CIVIL PROCEDURAL LAW

Abstract

This article presents a comprehensive theoretical and legal analysis of the mechanism of interaction between substantive law and civil procedural law as a necessary prerequisite for the effective functioning of civil proceedings. Scientific and theoretical approaches to understanding the relationship between substantive and procedural law are examined, and the place of civil procedural law within the legal regulatory system is defined. It is argued that civil procedural law is instrumental in nature and aimed at ensuring the implementation of substantive law through the activities of the court. The content of the mechanism of interaction between substantive and procedural law norms is revealed, and its main structural elements are identified. It is established that the influence of substantive law on civil procedural law is multi-level in nature and manifests itself in fragmentary, structural, and systemic forms. The fragmentary influence is linked to the formation of specific procedural norms determined by the nature of substantive legal relations; the structural influence – to the definition of the content of legal institutions and the differentiation of civil proceedings; and the systemic influence – to the impact on the principles, purpose, and method of legal regulation of civil procedural law. Particular attention is paid to the role of the court in ensuring the proper implementation of substantive law norms, in particular through the formation of uniformity in judicial practice and the interpretation of legal provisions. The study analyzes problematic aspects of the consistency between substantive and procedural legal norms that may complicate law enforcement activities and reduce the effectiveness of judicial protection. As a result of the research, directions for improving the legislative and doctrinal framework for the interaction of substantive and civil procedural law norms are proposed.