p. 78-82
Development of the system of sources of civil procedural law in the early years of Soviet power
The article deals with the problem of the development of the system of sources of civil procedural law in the first years of the Soviet-era, provides an analysis of the main approaches to understanding the categories ‘source of law' and ‘form of law' in Soviet procedural thought. The author analyzes the aspects of the discussion around the idea of dividing the sources of law into formal and material sources. On the basis of the study of the legislation of the designated period, it is concluded that the main source of procedural law was the Code of civil procedure of the RSFSR of 1923, which established its basic organizational and functional principles. The adoption of the Civil Procedure Code of the RSFSR, which was brought to life by the country's development as a result of the new economic policy, was a significant step forward. The civil procedural legislation was separated from the criminal law, there was a more detailed regulation of the procedure, the reference to the revolutionary sense of justice as a source of law was excluded. At different times the sources of law received various interpretations, the scientific discussion on this issue was quite lively and its course was influenced not only by the development of social relations, but also by the existence of dogmatic attitudes.
