Prospects of judicial law-making in Russian law
Автор: Bulakh Denis Borisovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 5 (48), 2020 года.
Бесплатный доступ
Purpose: The study of the prospects for the development of judicial lawmaking consists in the need to substantiate the theoretical and applied ideas about the essence, content, nature and functional purpose of judicial practice in modern lawmaking, to clarify their mutual influence and improvement. Methodology: The study used the method of comparative analysis, systematization and generalization. Results: In the process of studying the designated topic, it was found that the problem of the role of judicial practice in lawmaking has an increased scientific interest, since its study allows you to establish and analyze the patterns of judicial practice in the context of its impact on modern lawmaking. Considering that judicial practice as an object of scientific knowledge has an interdisciplinary character, it is especially important to clarify the theoretical and applied aspects of the role of judicial practice in modern law-making. In addition, this study confirms that the scientific analysis of the theoretical and applied aspects of the role of judicial practice in the lawmaking of the Russian Federation is determined by the state of the effectiveness of legal regulation, needs to be improved, including through their synchronization and strengthening the relationship between lawmaking and judicial practice. Novelty/originality/value: The relevance of the topic of this study is confirmed by the existing position of scientific clarification of the role of judicial practice in national lawmaking.
Judicial lawmaking, precedent, sources of law, doctrine, legislation, application of law, judicial authorities
Короткий адрес: https://sciup.org/140250446
IDR: 140250446