About the legal nature and types of orders contained in the regulations of the Russian Federation Supreme Court plenary session

Introduction: The article is devoted to the legal nature of the regulations contained in the plenary sessions of the highest courts of the Russian Federation. Results: In particular, the nature of the acts by the Russian Federation Supreme Court is analyzed. It is noted that there is an agreement of opinion that the Supreme Court acts formulate the models of the future legal norms and discover the drawbacks of the regulatory acts in force. However, the rules developed by the Supreme Court far from having all a similar character. With the account for the opinions of a number of famous authors (N.N. Voplenko, P.A. Guk), the authors of the article analyze the legal nature, types and the place of orders in the provisions contained in two Regulations of the Russian Federation Supreme Court Plenary Session adopted on January 28, 2014. It is stated that a number of regulations is the analogue of the preambles of the normative acts. One more group of the regulations formulated in the acts analyzed, is the regulations which are the result of the official normative interpretation. They can only contain the will of the legislator and not contain any element of novelty. But in the Supreme Court Regulations adopted on January 28, 2014, there are many provisions that go beyond the interpretation and contain new legal norms. It is difficult to acknowledge the possibility of such provision creation by the Supreme Court. The notion of the “court legal position” cannot be used as an argument for considering these provisions to be of executive force. This notion’s content is unconsolidated and unclear. Its usage will result in damaging the principle of legality. Conclusions: The line between the provisions that are the result of the official interpretation and the provisions that are practically the new norms, is often blurred and it is not always possible to find it. But it does exist and it should be considered.