THE PLACE AND ROLE OF INTERNATIONAL CIVIL PROCEDURE LAW IN THE LEGAL SYSTEM

Abstract

At the present stage, in connection with the processes of integration and globalization taking place in today's world, there is a convergence of laws of the States in the sphere of private legal relations in the sphere of civil procedure, therefore, a problem arises, a new relationship is born in the sphere of civil process, the presence of foreign elements, located on the border with the national relationship, and at the same time, at first glance, penetrating into the sphere of private international law.

The questions of differentiation of such interlinked concepts as the system of law and legislation system, where the system of law we consider the external form of its expression, namely: the structure of sources of law structure and the structure of the legislation which are one of the factors in the formation of a new direction in the legislation system. We also discussed issues related to the definition of the concept and place of international civil procedure law in the legal system.

Various approaches of Kazakh, Russian and foreign authors on the issue of determining the place of the role and significance of international civil procedure law in the system of legislation are analyzed. In particular, we consider the views of various authors on the possibility of attributing international civil procedure law to a part of civil procedure legislation, or the possibility of classifying its norms within the scope of international law. The relationship between the development of norms in the field of international civil procedure law and the development of a new branch – international civil procedure law is revealed and justified.

Based on the research, the author proposes to conduct a more detailed study of the norms of international civil procedure law, in the perspective of the development of a new branch – international civil procedure law.