The Importance of the Principle of Equality Between the Parties in the Civil Process

Abstract

The authors make the classification rules of Civil Procedure and the location of their system of law principles, and analyze the relationship between the principle of a legal norm. Overview of the different ways of defining the principles of process leads them to think that many representatives of the doctrine of procedural rules is treated as ideas, thoughts, guiding, which may mean that they have more optimization, and not directly normative character. This does not, however, prevent the analysis of legal provisions under which assumes the existence of the principle of the process, and the doctrine of civil procedure meets the distinction to distinguish between descriptive and procedural rules directive shot. One can even meet the notion that ideas are procedural rules only when there are adequate expression in the law. The authors analyzed the principle of equality between the parties, agreed with the statement that it occupies a high position in the hierarchy of procedural rules, as derived from the constitutional norm, and fulfills a specific role in the system of rules of civil procedure – as an axiom of all other rules and institutions in that process. This is due to the fact that the principle of equality is for the importance of civil procedure – interpretation of the Directive, which is the correct interpretation of the rules of the procedure.