On the Motivational Significance of the Legal Positions of the Constitutional Court of the Russian Federation

Автор: Maly A.F., Nigmetzyanov A.A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2025 года.

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The article examines the issues of the motivational influence of the legal positions of the Constitutional Court of the Russian Federation on legislative and law enforcement practice. The traditional approach to assessing such influence is the use of the concept of “impact”. It is not customary to focus on the motivational influence of the Court’s legal positions in the scientific literature, although it plays a significant role in shaping the general legal ideology. When preparing the material, the dialectical method of cognition was used, as well as special methods: formal logic, comparative law, formal law, etc. The research is based on the legal positions of the Constitutional Court of the Russian Federation and their impact on legislative and law enforcement practice. The motivating orientation of the Court's legal positions is considered, and it is concluded that they influence the subjects of legal relations in developing their legal understanding and form legal views in their decision-making. The Court itself has a stimulating effect on the law enforcement officer, since its decisions are binding, and their failure to comply may lead to negative consequences in the case, for example, of the application of a rule recognized by the Court as unconstitutional.

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The Constitution of the Russian Federation, the Constitutional Court, legal positions, decisions of the Constitutional Court, motivation, stimulation, legal influence, impact

Короткий адрес: https://sciup.org/149149188

IDR: 149149188   |   УДК: 342   |   DOI: 10.24158/tipor.2025.9.21