Normativity of judicial acts: general theoretical problems

Introduction. The article introduces the specifics of the formation and distribution of normative acts of the judicial power, manifestations of normativity in the system of legal acts of the judicial power. The analysis of the normativity of acts of judicial authority is carried out on the basis of the general theoretical concept of normativity, and the main trends of the strengthening of normative influence are studied on the basis of the modern theory of judicial precedent. Materials and Methods. To obtain reliable scientific results, the article used a system of philosophical-worldview, general scientific and special scientific methods (dialectical, historical-legal, legal positivism, natural law, formal-dogmatic, functional, axiological, systemic-structural, comparative-legal, teleological) to reveal the peculiarities of law enforcement and the role of judicial power in the process of law formation, spreading the influence of normative acts of judicial power in the system of legal acts. Through these methods, the scientific study reveals the phenomenon of normativity as a feature of the legal nature of judicial acts. The Results of the Study. In the material, the retrospective origin of the normativity of acts of judicial power is analyzed, the phenomenon of normativity of acts of judicial power is analyzed from the standpoint of essential schools of law, as well as the formation of views on this phenomenon in domestic jurisprudence. Manifestations of normativity in the conditions of constitutional democracy and taking into account the application of the principles of law are discussed. The specificity of the interpretative acts of the judicial power in the context of their normativity is understood, as well as the main concepts of limiting the normative possibilities of the acts of the judicial power. The experience of foreign states in recognizing the normative acts of judicial power, the methodological basis of case law, its structure and order of functioning in the Anglo-Saxon and Romano-Germanic legal families, in the doctrine and practice of the Russian Empire and the USSR, as well as in international law is being developed. Manifestations of normativity in the system of acts of the judicial power of Russia are assimilated and generalized, in particular, in the acts of the Constitutional Court of the Russian Federation, Resolutions of the Plenum of the Supreme Court of the Russian Federation. Findings and Conclusions. Scientific conclusions aimed at realizing the normative influence of acts of the judicial power are substantiated, which will contribute to the optimization of the process of law formation, the strengthening of the independence and effectiveness of the judicial power, and the guarantees of the unity of judicial practice.