On the issue of the binding nature of the explanations of the Supreme Court of the Russian Federation and whether there should be a judicial precedent in the judicial proceedings of Russia: modern problems of theory and practice

Goal. The article aims to explore the most important problems of a theoretical and legal nature: to determine the meaning, place, role of decisions of higher judicial bodies contained in the Decisions of the Plenum of the Supreme Court of the Russian Federation for lower courts and their influence on their decisions, whether judicial practice can directly be an independent source of law and the problems of its recognition as an independent the source of the law, certain contradictions existing in judicial practice with the current legislation, and is a judicial precedent possible in legal proceedings in the Russian Federation as a legal doctrine in the Russian legal system? Methods: when writing the work, the following methods were used: universal dialectical method of development, data analysis, comparative legal method, method of ascent from the abstract to the concrete, generalization, synthesis, analogy.