Liability for violation of Russia’s national interests in the implementation of the principle of uniform judicial practice
Автор: Melkonyan V.G.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 3 (84), 2025 года.
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This article examines the responsibility for violating the national interests of the Russian Federation in the implementation of the principle of the uniformity of judicial practice. Decree of the President of the Russian Federation № 400 dated July 2, 2021, “On the National Security Strategy of the Russian Federation,” approved the National Security Strategy of Russia, within which Section III enshrines the key national interests of Russia, encompassing the spheres of state sovereignty, the stability of law and order, and the administration of justice. The protection of certain groups of national interests provided for by this Strategy is ensured, inter alia, through the implementation of the principle of the uniformity of judicial practice, which aims to increase the predictability of law enforcement and the stability of judicial decisions. In this regard, the article provides a general characterization of the principle of the uniformity of judicial practice in Russia from general theoretical positions. The corresponding groups of national interests, the protection of which is ensured by the implementation of the principle of the uniformity of judicial practice, are identified. It should be taken into account that the grounds for legal liability in this area are formed not only on the basis of positive law but also under the influence of legal interpretations and doctrinal approaches, which gives them a certain degree of variability. Given that the failure to implement the principle under study leads to a violation of these national interests, the existing mechanisms (types of liability are identified) and the legal regulation of the liability of subjects who commit such violations are analyzed. Such types of liability as constitutional and disciplinary are analyzed from general theoretical positions. Based on the results of the study, conclusions are drawn regarding the current state of the mechanisms of liability for violating the principle of the uniformity of judicial practice within the framework of Russia’s national interests, and general recommendations are formulated on the directions for improving these mechanisms and increasing the effectiveness of their application.
Court, justice, principle of the unity of judicial practice, judicial practice, constitutional liability, disciplinary liability, national interests
Короткий адрес: https://sciup.org/14133198
IDR: 14133198