SOME APPROACHES TO UNDERSTANDING AND COMPREHENDING THE "PROCESS" CATEGORY IN LAW

Abstract

The authors propose to consider the main approaches to the genesis and evolution of the "process" category in law using the historical and legal method of cognition; general regularities of the process as a phenomenon are highlighted: forward orientation, sequence of certain actions, regulation of actions of the process subject by special procedural norms. Approaches to understanding the category under study are generalized; the main approaches to defining the concept of the "process" category in law as a consistent change of legal phenomena and legal states in society and the state, characterized by a transition from one legal state to another, which does not sufficiently reflect the rapidly developing legal processes, are analyzed in terms of both process theory and practical procedural issues. The authors synthesize their own definition of the concept, according to which it is proposed to consider the process as a category in law as a special one, consistently directed and strictly formally defined form of implementation of material and procedural norms regulating legal relations arising between subjects of law, expressed within the limits and sequence strictly defined by procedural norms, referred to as stages, in order to establish the circumstances necessary for making decisions in administrative, civil and criminal cases.