The explanatory function of the Plenum of the Supreme Court: theory and practice

The creation of clear, correct norms of law is the result of effective rule making. The problem of misinterpretation of sources of the current legislation becomes especially relevant when it is about realization and protection of the individual’s rights. The family legislation is penetrated by estimating categories, which have not found the uniform definition that promotes not only formation of contradictory judicial practice, but also violation of the subjective civil and family rights. In order to ensure the unity of practice application by courts of the Russian legislation, the legislator assigned to the Plenum of the Supreme Court of the Russian Federation the function of explanation, which found its fixing in the resolutions promoting lawful consideration of disputes in essence. Generally, the standard explanation does not contain independent law norms; however, in certain cases the Supreme Court of the Russian Federation departs from explanation function, and is engaged in rule making that in principle contradicts the powers conferred to it by the law.