The judicial precedent as a means of certainty of criminal procedural law

The article analyzes the arguments of supports and opponents of the introduction of a judicial precedent in the regulatory plane of the Russian law. Particular attention is paid to consideration of conflicts, which are not only serious impediments to the understanding of certainty of offered in recent years regulatory decrees, but also reasons of almost insurmountable problems of proof and the obstacles of achievement. The author concludes that without a methodologically precise solution of the mentioned in the paper problems and issues one can not observe the precedent as a full-fledged legal fact or optimality of the law implementation nor the sought certainty, which helps to provide a constitutional idea of the rule by law.