Verification as a Methodological Problem of the Modern Theory of Civil Judicial Procedure

Abstract

The relevance of the article is determined by the need to study problems arising from the insufficient development of methodological support for civil procedural law, which manifests itself, in particular, in the crisis trends of modern legal methodology and the need to adapt the principles of logical positivism to the specifics of legal reality. These circumstances highlight the need to strengthen the role of special methods of scientific knowledge, among which verification is of particular importance as a tool for checking the reliability and validity of scientific propositions in the field of civil procedure. The purpose of the article is to study verification as a methodological problem of modern civil procedure theory, as well as to identify ways to increase the level of verifiability of scientific results in procedural and legal research, in particular based on the analysis of judicial practice as an empirical basis for legal knowledge. The methodological basis of the study is a combination of general scientific and special legal methods of cognition, in particular formal legal, systemic, structural-functional, as well as empirical methods aimed at analyzing and generalizing judicial practice in order to verify the theoretical provisions for their compliance with the reality of law enforcement. The key methodological guideline is the principle of methodological pluralism, which ensures the comprehensiveness and multi-level nature of the study, as well as creates the possibility of combining normative, doctrinal, and empirical levels of cognition. The scientific novelty of the study lies in substantiating the place, role, and functional purpose of verification in the system of civil procedural law methodology, determining its significance as a means of increasing the reliability of scientific results and ensuring their compliance with law enforcement practice. The work reveals the specific qualitative characteristics of procedural and legal methodology, determines its features in the general system of legal methodology, and justifies the need to integrate empirical research methods as a tool for testing and confirming theoretical propositions. The theoretical and practical significance of the results obtained lies in the possibility of their use for the further development of the methodology of civil procedural law science, increasing the level of validity of scientific research, as well as improving law enforcement and judicial practice based on verifiability, objectivity, and methodological validity.