The problems of admissibility of judicial lawmaking in the Russian legislative system: theoretical discussion

The article raises a question of scientific justification of judicial lawmaking institutionalization in the Russian legislative system. It is concluded that there is de facto judicial lawmaking, in spite of the absence of the clear legislative framework. The author analyses two opposite approaches in the Russian jurisprudence associated with statement of the problem of recognition of explanations and decisions of supreme judicial authorities as the formal source of the Russian law.