Types of legal procedures

It should be noted the important role in the scientific understanding of the legal procedure of the category of the main legal relation. This legal relation acts as the main, paramount relation, regulated by the norms of law, because for the sake of it this or that legal procedure appears, acts, applies. It characterizes the essence, features and types of the procedures in question.

By the criterion of allocation of the main legal relation legal procedures in the legal system of society are divided into substantive, procedural and law-making.

Material procedure is characterized by: availability of substantive law; focused on the regulation of normal positive behavior of subjects; availability of their models of “material regulation”, programs, stages of their implementation; achieving goals of positive procedural behavior.

Lawmaking procedure within the mechanism of lawmaking we have considered above, so we will not dwell on it in detail. Let us only note that this procedure is also implemented within the framework of legal relations, through which citizens actually receive and exercise their right to “create” laws and other normative legal acts. That is, this procedure is aimed at helping different people with their desire to directly participate in the process of law-making.

When implementing the norms of law, these legal procedures interact not only with the main legal relation, but also with other relations related to it. Moreover, consideration of procedures is not some isolated-abstract formations, these are the most complex system-cognitive and regulatory formations that arise, develop and act in interaction with other phenomena and relations and above all in the sphere of action of material, procedural and “law-making” prescriptions and norms. So, in particular, material procedure is not only a means of emergence of the main legal relation (civil), but also a means of identifying and implementing another legal relation – a legal relation between the parties of a construction contract, which arises in the conclusion and performance of the contract (the customer and the contractor here are not only bound by contractual obligations). Procedural procedure has a large number of purposes: revealing of a law-enforcement legal relation; its implementation between the court and the plaintiff in the ordinary process, between the court and the interested party in absentia and special proceedings.

With all the variety of material procedures, their differences relate to substantive aspects, and they do not touch upon those initial features that define their specific nature and allow us to refer them specifically to material procedural regulators of public relations. Material procedures can be divided into two large groups on the basis of their connection with law enforcement.