Butnev, V.V., Lastochkina, R.N. The founders of the modern Yaroslavl school of procedural scholars

Abstract: The article contains brief characteristics of the scientific ideas of the Professors V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker on the nature of legal process and specific features of its application within specific branches of law. Professor V.M. Gorshenev is one of the founders of the theory of “broad” legal process, who considered that the procedural law is not limited to its traditional branches. He regarded procedural relations as a type of organizational service relations. Unlike the organizational relations within the subject of regulation of material branches of law, the procedural relations are based on subordination with the participation of the body having a positions superior to the parties of an “organized” relationship. He distinguished various types of legal process: founding, law-making, law-enforcement, controlling. Professor P.F. Eliseikin studied the fundamental problems of civil process based upon the general theory of law. He considered the object of judicial activities to be the central link within the judicial protection mechanism. He regarded the right to protection to be an independent subjective right, which is not equal to a violated material right or a procedural right to bring a claim in court. The object of legal protection (violated regulative relationship) in his opinion was different from subject of judicial activities (protective relationship). While partially agreeing with the theory of V.M. Gorshenev, P.F. Eliseikin considered that the legal process is law-protecting activities of jurisdictional bodies, he was a supporter of the theory of “broad” civil procedural law and the formation of the administrative process. Professor Y.O. Motovilovker was a representative of a liberal direction within the theory of criminal process, developing philosophical and procedural aspects of objective truth as a goal of the process. He formed his own concept of the subject of criminal procedural activity and prerequisites for the criminal judicial proceedings. In the opinion of Professor Y.O. Motovilovker the paradigm of the criminal judicial proceeding was an understanding of criminal process, which was competitive and based upon the presumption of innocence as the guarantee of finding out the truth and means of protection of innocent persons from unlawful and unfounded criminal prosecution. The results of studies of V.M. Gorshenev, P.F. Eliseikin, Y.O. Motovilovker to a substantial extent have formed the basis for the modern procedural law.

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