THE EPISTEMOLOGY OF THE LEGAL PROCESS IN PROCEDURAL LAW: A SAFETY ASPECT

Abstract

The article deals with the problems of legal
process in procedural law. The key interrelationships
of legal structures are identified, the manifestation of
the substance of procedural law is established. The
problems of the institutional approach in law are
considered. It is emphasized that for procedural law
in the epistemological sense there is a need to isolate
without a pitch component, as an integral substance
of the procedural form. It is argued that the
accentuation of attention on the epistemological
content of procedural law gives the opportunity to
manifest in the matter of procedural law, its risk
factors, factors of the ability of the legal process to
ensure the effective effect of legal regulation of
procedural relations, identify and overcome the
anomalies of procedural law.
Namely, it is argued that procedural law, in the
epistemological sense, is reduced to the need to
understand the legal process from the perspective of
the security factor. This feature of procedural law
provides an opportunity to identify and know the legal
nature of "weaknesses" in the procedural system of a
particular procedural branch of law, namely: to know
the substance of procedural law in the context of their
legal risks, legal and procedural anomalies, etc.
Finally, the legal structure, as a component of the legal process, defines the boundaries of the legal process, which indicates the procedural capacity of the legal process, procedural law to provide effective legal regulation of procedural legal relations, to build an effective system of procedural law; to establish its interaction with other branches of law, to regulate legal relations in the context of specific conflicts, individual local and systemic problems.
Keywords: epistemology of law, postmodernism of law, procedural security, procedural law, legal process, legal constructions, instrumental theory of law.