Man is by nature an exclusively social being. That is, he cannot live outside a group of his own kind. It is the social form of interaction that implies the evolution of mankind in recent years. Indeed, the consolidation of knowledge leads to the development of new relationships and factors emerging from this. However, a lot of questions arise regarding the direct regulation of social relations, especially taking into account the pace of modern progress in human life.
After all, emerging areas of activity are often not regulated by any normative acts. It follows that law should be the main regulator, otherwise people will be in a state of anarchy. Nevertheless, the legal industry itself, of course, is an important factor for society. But the process of realizing the law in reality can be called an even more significant category. The fact is that legal norms are, in fact, letters on paper. Their real application is possible only after a certain series of actions. They, in turn, were called by theorists as a legal process, which will be discussed later in the article.
Law and its relation to the process
Any process depends on any material category. In the legal industry, this is law. It is a set of state-sanctioned norms that govern individual areas of human life. Such norms have a generally binding character, formal expression, that is, on the pages of normative acts, and are also protected by law. In other words, for violation of the rules prescribed in them, a person can be held accountable. But a logical question arises, how is the legal process directly related to law? Previously, the author has already indicated that procedural activity is a set of actions whose purpose is to apply the rules prescribed in the articles of individual regulatory acts. Thus, the legal process is necessary in order for the law to actually fulfill its key function. The first category, in turn, will be analyzed in more detail later in the article.
Legal process
The concept presented in the article is characterized by a number of rather specific features. But to put it as briefly as possible, the legal process is the commission of any actions of a consistent nature. As a rule, such activity is characterized by complexity. That is, during its direct implementation, many diverse processes are realized. An example of this is, for example, a criminal investigation, which, in turn, is also a legal procedural activity.
Process attributes
It should be noted the fact that almost any category that exists today in the framework of jurisprudence is characterized by its special features. The process in this case is no exception to the rule. It is characterized by the following features, which are truly unique. These include the following:
- the presented activity will always be realized only to achieve a specific goal;
- its legal composition is manifested in the presence of power relations between its subjects;
- usually regulated imperative method legal regulation;
- the beginning, action and end of the process are always reflected in documents that are exclusively official in nature;
- the circle of people who can implement the process and its individual stages is fixed at the legislative level.
As we can see, legal activity has relative dynamics, as well as a number of its own characteristics. This, in turn, allows us to say that the legal process is a completely independent legal category.
Types of legal process
The object presented in the article as a legal category has a rather complicated structure. However, there are many types of legal processes that differ in certain features. Their classification is carried out according to completely different criteria. Of course, the main division into types is based on the industry, the norms of which are actually being implemented. In this case, we are talking about the following processes:
- civil;
- administrative;
- criminal;
- economic, etc.
Of course, there are other types of legal process that stand out on the basis of other factors. For example, it should be noted that some types of procedural activity exist directly in the industries themselves. The following categories can be distinguished from constitutional law, for example:
- election process;
- referendum;
- budgetary and legislative processes;
- constitutional proceedings;
Other types of procedural activities
All presented types of legal process, of course, reveal its main essence and tasks. However, it is also necessary to highlight a number of other classifications, which are also of great importance. For example, many people know that in any state there is a judicial, executive and legislative branch of government. On the basis of this criterion, separate legal processes are identified that are used to apply law in these areas of government.
Of great importance is the content of a process. This criterion generates the following types:
- jurisdictional;
- law-making;
- regulatory.
What issues are regulated by the legal process?
There are many aspects that are affected at the time of the implementation of an activity. Typically, these aspects are objectives. They show the true purpose of all activity. Theoretical scientists today distinguish the following objectives of the legal process, namely:
- implements specific legal norms;
- allows competent state authorities to make decisions on certain issues;
- decides the outcome of cases that arise in connection with the provisions of material norms, which is subsequently expressed in the final documents of a certain legal force;
- implements the regulatory function of law.
Thus, the category presented in the article is a rather important attribute of the legal system of any state.
Process actors
The basis of any activity is people. The legal process in this sense is no exception. It is also carried out through the activities of people. The subjects of the legal process are quite diverse. These include a number of persons, taking into account the provisions of the current legislation. It should be noted that a specific number of subjects, as a rule, is determined by a specific type of procedural activity. Although the most general list of individuals can be distinguished. Thus, the subjects include the following:
- Individuals are, roughly speaking, people. However, many scientists mistakenly include only Russian citizens in this category, which is not entirely correct. An individual is any person who is involved in procedural activities. This can be not only a citizen of the state, but also a foreigner, a stateless person, etc.The legal status of people has a lot of characteristic features, which also affects all procedural activities.
- Legal entities are a more complex category. These are, in fact, specific enterprises engaged in entrepreneurial activities. They operate on the basis of a statute, contract, etc. In the structure of legal entities, as a rule, many workers, that is, ordinary people, realize their labor activity. Therefore, enterprises are an initial element from a person. Because it is he who creates them.
The represented entities are the basis for the implementation of procedural activities of one nature or another.
Procedural stages
As we have already seen, a process is a system of certain actions. But it is structured and consistent. Given this fact, we can say that there are certain stages of the legal process. But their main feature is industry specialization. In other words, depending on the specific activity of a procedural nature, the stages will also change. For example, in legal proceedings, as a rule, the following stages are distinguished: initiation of proceedings, preparatory actions in the case, trial in court, review of appeals, cassations and enforcement of decisions. In turn, we can see completely different stages of the legal process, if we talk about norm-setting activities. Here all stages will be directed, firstly, to a detailed verification of a specific act, and secondly, to the legality of the process of its adoption.
The importance of the process for practical jurisprudence
It is worth noting that procedural activity is a manifestation of the activity of legal practitioners. It is thanks to the existence of the category presented in the article that people involved in the actual implementation of the norms of the regulatory acts have many ways to earn money. Therefore, the value of the legal process is invaluable, given its need for a practical industry.
Conclusion
So, in the article, the author considered such a category as the legal process. Legal practice in this case is the starting element of the mentioned activities. Therefore, the legal process must be constantly modernized and its theoretical concepts developed.
