- PII
- S1026-94520000616-5-1
- DOI
- 10.31857/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 6
- Pages
- 5-16
- Abstract
- The article deals with theoretical and practical aspects of the institution of judicial precedent including a definition of the concept of judicial precedent; its kinds; differentiation between a precedent as law making by court and a precedent of judicial interpretation of a statute; and a correlation between judicial precedent and judicial practice. In the author’s opinion Russian legal science has not yet formatted a clear and uniform understanding of the nature of judicial precedent pertinently to Russian legal system. As a result of her legal studies the author comes to a conclusion that current Russian legislation has adopted only a concept of precedent of judicial interpretation, which is being established by the decisions of the highest judicial bodies. Based on the analysis of the legal nature of the judgments of the European Court of Human Rights the author of the article also considers such rulings of the European Court to be precedents of judicial interpretation, which are designed to guarantee a uniform practice of the implementation and application of the rules governing the observance of human rights.
- Keywords
- source of law; judicial precedent; judicial practice; law enforcement; law-making; court decision on specific law case; judicial regulatory precedent; judicial legal position; precedent of judicial interpretation; constitutional control
- Date of publication
- 01.06.2017
- Number of purchasers
- 4
- Views
- 1755
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
Sudebny`j precedent kak istochnik prava v svete sovremenny`x tendencij v Rossii
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library