Theoretical and legal bases and specifics of judicial law-making in the Russian federation: statement of a problem

Purpose: Research of modern and classical theories (domestic and foreign) judicial methodology and judicial law-making, and their application to a modern legal situation for search of optimum ways of development of judicial law-making in the modern Russian legislation and the right (taking into account features of the Russian legal traditions). Methodology: The method of comparative jurisprudence, historical and legal and formal and legal methods, and also a method of the analysis and synthesis were used. Results: The term «law-making» in the domestic theory of the right was included into a scientific turn for designation of the final stage of process of right education. Generally it was given the sense uniting it with concept of a source of law. For the Soviet period was absolutely natural, not demanding special explanations aprioristic confidence that legislative activity in the country going on the way of socialist progress has exclusively constructive, creative character. Novelty/originality/value: Article possesses the high scientific value as in it the author makes the first in modern legal science attempt of studying of the Russian judicial law-making on the basis of historical and legal experience of foreign countries and classical foreign legal tradition of development of judicial law-making.