About the judicial precedent as a source of Russian law
Автор: Bulakh Denis Borisovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы юридической науки и практики
Статья в выпуске: 6 (49), 2020 года.
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Purpose: The purpose of this work is a generalized classification of a judicial precedent with a clear definition of criteria for the classification and types of such precedent. Based on this goal, the following research objectives are set: - to reveal the concept of judicial precedent as a source of law; - to investigate the genesis and current state of the judicial precedent in domestic legal proceedings; - to identify the features of the implementation of the judicial precedent in the legal system of the Russian Federation. Methodology: The methodological basis of this research is a complex of general methods of scientific knowledge, as well as special methods that are used in jurisprudence. Results: During the course of the judicial reforms in the Russian Federation, it became clear that the internal restructuring of the judicial branch of power is not enough to solve the problems of legal proceedings, caused to a large extent by the imperfection of the norms of substantive and procedural law. Improving the quality of judicial protection of the rights, freedoms and legal interests of a person is an issue that provides for an integrated approach to the solution. One of the components of the problem of the unity of judicial practice, the predictability of the law as an element of its quality. Together with the main source of law - a normative legal act - legal norms are formed by law enforcement officials from other sources, which are called additional, non-traditional or authorized sources in the doctrine. The modern school of law classifies such sources as judicial precedents. The actual use of additional sources in law enforcement practice allowed some authors not only to talk about their presence, but also to begin their scientific analysis. Novelty/originality/value: Considering all of the above, we believe that in order to create and establish progressive trends in the legislation of the Russian Federation, the problem of determining a judicial precedent in the domestic legal system is becoming increasingly important and requires comprehensive study and analysis. Therefore, in our opinion, it is not impossible for the domestic legal system to apply judicial precedent as a source of law, and the study of this problem is relevant for domestic legal science.
Judicial precedent, sources of law, legal family, precedent, doctrine of law, judicial practice, law of application
Короткий адрес: https://sciup.org/140250450
IDR: 140250450