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THEORY AND HISTORY OF SOVIET CIVIL PROCEDURE
THEORY AND HISTORY OF SOVIET CIVIL PROCEDURE
A.Ya. KODINTSEV,
Doctor of Legal Sciences,
Professor of the Department of State and Municipal Administration
of the Surgut State University
DOI: 10.24031/2226-0781-2019-9-4-124-137
The article reveals the history of the study of Soviet civil proceedings. In Soviet times, most
of the work was devoted to the practical aspects of civil procedure. Scientists investigated
separate institutes of the proceedings, emphasized its role in the construction of a socialist state.
Proceduralists of the 1950s–1980s actively developed the theory of civil justice (N.F. Kleynman,
N.A. Chechina, M.Kh. Khutyz) but there was almost no interest in Soviet procedure in the
1990s, at least scientists made up little historical references. Often, the rules of the two Civil
Procedure Codes of the RSFSR were copied. The situation changed in the next decade. It turns
out a series of scientific papers on the procedure in general and on history in particular. But in
this period, science has so far basically accumulated knowledge. A quality transition occurred
in the 2010s. At present, historical-legal science is moving to an active and in-depth study of
the specific features of civil proceedings in Soviet Russia. Scholars began to study the Soviet
experience of legal proceedings immediately in several directions. Some of scholars approached
the Soviet period from doctrinal position (D.Ya. Maleshin), while other establish the connection
between the imperial and Soviet processes (V.N. Tarasov), or place judicial proceedings in the
general context of the development of Soviet society (V.V. Nikulin), or consider the position
of the prosecutor when considering civil cases (V.R. Alikov and A.Z. Zolnikov), and some
scholars are focused on the consideration of individual stages of the process (D.S. Isakova,
S.Yu. Yakovlev, E.A. Nakhova, E.V. Dremova, A.A. Selkova, A.S., Morozova, etc.). Finally,
an intermediate result, a kind of generalization of modern achievements of jurisprudence in
this sphere, is contained in the studies of M.O. Dolova, who summarized the controversies of
Soviet proceduralists about the essence of civil procedure.
Keywords: Soviet civil procedure; cassation procedure for review of cases; judicial decision;
historiography; law enforcement practice.
References
Abramov S.N. Development of the Institute for Appeal of Judicial Decisions in Soviet
Civil Procedure. In Scholarly Notes of the Moscow Law Institute. Moscow, 1948. Vol. 4.
(In Russian)
Alikov V.R. Development of Legislation on the Participation of the Prosecutor in
Civil Proceedings in Russia in 18th–20th Centuries: Thesis for a Candidate Degree in
Law Sciences. Moscow, 2001. (In Russian)
Baturov G.P. (ed.). The Organization of Judicial Activities. Moscow: Yuridicheskaya
literatura, 1977. (In Russian)
Bonner A.T., Fursov D.A. The History of the Development of Domestic Civil Procedural
Thought. Arbitration and Civil Procedure, 2012, no. 4. (In Russian)
Bonner A.T., Fursov D.A. The History of the Development of Domestic Civil Procedural
Thought. Arbitration and Civil Procedure, 2012, no. 5. (In Russian)
Chechina N.A. The Main Directions of Development of Science of Soviet Civil Procedural
Law. St. Petersburg, 1987. (In Russian)
Dobrovolsky A.A. Participation of Government Bodies in Soviet Civil Procedure:
Thesis for a Candidate Degree in Law Sciences. Moscow, 1954. (In Russian)
Dolova M.O. Development of the Science of Civil Procedural Law of Russia: Thesis
for a Candidate Degree in Law Sciences. Moscow, 2017. (In Russian)
Dremova E.V. Reconciliation as a Way to Resolve Conflicts in Soviet Law. In Trends
in the Development of Law in the Sociocultural Space. Zhidkov Readings. Moscow,
24–25 March 2017. Moscow: RUDN University, 2018. (In Russian)
Elyevich M.I., Povolotsky L.I. Historical Essay on the Development of Soviet Civil
Procedure. In Scholarly Notes of the A.A. Zhdanov Leningrad State University. St.
Petersburg, 1949. Vol. 2. (In Russian)
Filonova O.I. Modernization of the Judicial System of the RSFSR in the Period of the
NEP: Thesis for a Candidate Degree in Law Sciences. Omsk, 2016. (In Russian)
Gritsay O.V., Gubina E.N., Mikhaylova E.V. et al. Monuments of Russian Law in 35
Volumes. Vol. 31: Civil Procedure Codes of the RSFSR. Moscow: Yurlitinform, 2017.
(In Russian)
Gurvich M.A. The Right to Sue: Synopsis of a Thesis for a Doctor Degree in Philosophy.
Moscow, 1947. (In Russian)
Ilkhamov N. The Emergence and Development of the Institute of the Soviet Cassation
in Civil Procedural Law of the Uzbek SSR: Thesis for a Candidate Degree in Law
Sciences. Tashkent, 1966. (In Russian)
Isakova D.S. Model of Soviet Civil Procedure. Arbitration and Civil Procedure, 2016,
no. 3. (In Russian)
Isakova D.S. The Ratio of the Powers of the Court and the Parties in Soviet Action
Proceedings. Arbitration and Civil Procedure, 2017, no. 4. (In Russian)
Isakova D.S. The Role of Legal Consciousness in Soviet Civil Procedure in the 20–30s
of the 20th Century. Arbitration and Civil Procedure, 2017, no. 7. (In Russian)
Khutyz M.Kh. General Provisions of Civil Procedure. Historical and Legal Research.
Moscow: Yuridicheskaya literatura, 1979. (In Russian)
Khutyz M.Kh. The Formation of the Foundations of Civil Proceedings of the Union
of Soviet Socialist Republics and Union Republics: Thesis for a Candidate Degree in
Law Sciences. Moscow, 1983.
Kleynman A.F. The Latest Trends in the Soviet Science of Civil Procedural Law.
Essays on History. Moscow, 1967. (In Russian)
Kleynman A.F. The Main Institutions of Soviet Civil Procedure and the Principles
of Disposition and Competition: Thesis for a Doctor Degree in Law Sciences. Moscow,
1940–1941. (In Russian)
Kodintsev A.Ya. Civil Procedure in the USSR. Practice of Application in the Years
of the Great Patriotic War. Military Law Journal, 2011, no. 7. (In Russian)
Kodintsev A.Ya. Civil Procedure in the USSR. Practice of Application on the Eve of
the War // Protection of Private Rights: Problems of Theory and Practice: Materials of the
III Annual International Scientific and Practical Conference (Irkutsk, 19–20 September
2014). Irkutsk: Publishing House of the Baikal State University, 2014. (In Russian)
Kodintsev A.Ya. Civil Proceedings in the USSR in the Postwar Period. Military Law
Journal, 2011, no. 8. (In Russian)
Kodintsev A.Ya. Defects of Soviet Civil Proceedings in the 30s of the 20th Century.
Science and Innovations of the 21st Century: Materials of the II All-Russian Confer
ence of Young Scientists, Surgut, 14–15 April 2014. In 2 vol. Surgut: Surgut State University,
2014. Vol. 1. (In Russian)
Kodintsev A.Ya. Soviet Civil Legal Proceedings in the mid-30s of the 20th Century.
In Protection of Private Rights: Problems of Theory and Practice: Proceedings of the
II Annual International Scientific and Practical Conference (Irkutsk, 20–21 June 2013).
Irkutsk: Publishing House of the Baikal State University, 2013. (In Russian)
Konstantinova R.A. The Main Issues of the Theory of Evidence in Soviet Civil Procedural
Law: Thesis for a Candidate Degree in Law Sciences. St. Petersburg, 1951. (In
Russian)
Kotlovskaya Ya.S., Khlopayeva M.E. Historical Development of Some Principles of
Civil Procedural Law of the Soviet Period and Modern Russia. Arbitration and Civil
Procedure, 2006, no. 12. (In Russian)
Maleshin D.Ya. Civil Procedure System of Russia: Thesis for a Doctor Degree in Law
Sciences. Moscow, 2011. (In Russian)
Maleshin D.Ya. Originality of Russian Civil Procedure. Continuation. Bulletin of the
Peoples’ Friendship University of Russia. Series: Jurisprudence, 2010, no. 2. (In Russian)
Morozova A.S. The Formation of the Soviet Cassation in Civil Procedure. Bulletin
of Omsk University. Series: Law, 2018, no. 3. (In Russian)
Nakhova E.A. The History of the Concept of Evidentiary Law: The Post-Revolutionary
and Soviet Periods. Bulletin of the St. Petersburg Law Academy, 2011, no. 4. (In
Russian)
Nikulin V.V. Soviet Civil Legislation and Legal Proceedings of the NEP Period: The Ratio
of Law, Economics and Politics. Issues of Law and Politics, 2013, no. 8. (In Russian)
Nikulin V.V. Soviet Concept of Justice and the Practice of Administration of Justice
in the 1920s. Law and Politics, 2008, no. 10. (In Russian)
Oleynik I.I, Oleynik O.Yu. Formation of the Cassation Institute in Soviet Legal Proceedings:
The Historiography of the Problem. Russian Legal Journal, 2015, no. 6. (In Russian)
Popov V.A. Powers of the Court of 2 Instances in the Consideration of Appealed Court
Decisions: Thesis for a Candidate Degree in Law Sciences. Moscow, 1954. (In Russian)
Selkova A.A. Study of the Institute of Security Measures in the Science of Civil Procedure
of the Soviet Period. Arbitration and Civil Procedure, 2017, no. 11. (In Russian)
Shamilov M.Sh. Formation and Development of Civil Proceedings of the Kyrgyz
Republic: Thesis for a Candidate Degree in Law Sciences. Moscow, 2007. (In Russian)
Shpilev V.N. Appealing and Protesting Court Decisions and Rulings in Civil Procedure
of the USSR: Thesis for a Candidate Degree in Law Sciences. St. Petersburg, 1949.
(In Russian)
Sokolova N.V. Stages of the Formation of Procedural Law of Russia: From 1917 to the
Present: Thesis for a Candidate Degree in Law Sciences. Vladimir, 2007. (In Russian)
Tarasov V.N. Continuity and Traditions in Russian Civil Proceedings in 1864–1923
(Historical and Legal Research): Thesis for a Candidate Degree in Law Sciences. Nizhny
Novgorod, 2015. (In Russian)
Trubnikov P.Ya. Soviet Court in the Fight Against Civil Wrongs: Thesis for a Candidate
Degree in Law Sciences. Moscow, 1954. (In Russian)
Yakovlev S.Yu. Cassation in Civil Proceedings: History and Modernity. Problems of
Legitimacy, 2012, no. 121. (In Russian)
Yudelson K.S. Issues of Soviet Civil Wartime Procedure. Sverdlovsk: Sverdlgiz, 1943.
(In Russian)
Yudelson K.S. On the Fundamentals of Legislation on Civil Proceedings. Soviet State
and Law, 1957, no. 6. (In Russian)
Yudin A. Historical Causes of the Ineffectiveness of Modern Civil Justice. Arbitration
and Civil Procedure, 2007, no. 12. (In Russian)
Yurkevich N.A. Institute of Bringing to Justice in Russia from Reform to Reform.
Tomsk: Tomsk State University Press, 2003. (In Russian)
Zolnikov A.Z. The Legal Status of the Prosecutor in Civil Proceedings of the Russian
State (18th–20th centuries): Historical-Theoretical Research: Thesis for a Candidate
Degree in Law Sciences. Kazan, 2016. (In Russian)
Information about the author
Kodintsev A.Ya. (Surgut, Russia) – Doctor of Legal Sciences, Professor of the
Department of State and Municipal Administration of the Surgut State University
(1 Lenina St., Surgut, 628400, Russia; e-mail: [email protected]).
Recommended citation
Kodintsev A.Ya. Theory and History of Soviet Civil Procedure. Herald of Civil Procedure,
2019, vol. 9, no. 4, p. 124–137. (In Russian). https://doi.org/10.24031/2226-
0781-2019-9-4-124-137
A.Ya. KODINTSEV
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