Analytical philosophy of law in the civil litigation: how to perform actions using words

The subject of the study is the judicial process of the Russian Federation. The author considers the judicial procedure as a communicative model functioning according to the principles of request-response. Within the communicative model, there are certain rules of context, as well as rules for the performance of actions by the parties and their direct representatives. Such actions are carried out by the parties using words that have a certain form and are reflected in the case file. The analysis of speech acts, both written and oral, allowed the author to name individual legal facts according to the classification proposed by G.L.A. Hart. Speech acts used for philological analysis are a ubiquitous form of action in one's own interests or in the interests of the principal in the judicial process. The application of the communicative theory of law made it possible to find a method for changing the dynamics of the judicial process. The methodology of the work is a philological analysis of speech acts used by the parties in the judicial process, as well as a comparison of the result of the speech act with the material trace reflected in the procedural documents of the court case. The result of the work is a confirmation of the predominance of the principle of oral judicial process over the principle of writing, which is expressed in the special position of the audio protocol as a trace of procedural actions using words. The field of application of the research results is the judicial system of the Russian Federation, as a communicative system of requests and responses to conflict resolution. The novelty of the research is expressed in the application of philological and philosophical analysis to the communicative dispute resolution system, which allows us to conclude that the parties directly influence the judge during the trial and change the dynamics of the trial by performing actions using words. The author comes to the conclusion that each of the certain types of speech effects will be an independent legal fact, and the necessary form of their fixation is audio recording of the court session.

Civil procedure, arbitration procedure, communicative theory of law, analytical philosophy of law, philosophy of language, speech act, procedural legal facts, descriptive concepts, ascriptive concepts, illocutionary force