CONSISTENCY OF JUDICIAL PRACTICE AND MEANS OF ITS ENSURING
Authors:
Type:
Article
Pages:
from 0
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Status:
Published
Received:
02.11.2015
Accepted:
11.11.2015
Published:
11.11.2015
Language:
Russian
Keywords:
Consistency of judicial practice, analytical method, descriptive method, forms of legal positions’ registering, supervisory instance court ruling on specific cases.
Abstract (English):
The problem of ensuring consistency in application and interpretation by the courts of law and adequate methodological, procedural and institutional means of its ensuring is one of the most relevant for functioning of the new Supreme Court of the Russian Federation. In this context, it seems appropriate to develop the most acceptable method of elaborating legal positions on the application and interpretation of the law by lower courts, and to suggest direct tools for its ensuring, as well as rationally justified forms of legal positions’ registering. Following the results of the research, the author concludes that the most appropriate methodological basis for ensuring consistency of the judicial practice is the priority of the analytical method combined with the descriptive method. As such, as a direct tool to ensure consistency in application and interpretation of the law by courts, the highest judicial body should consider legal provisions, contained in supervisory instance courts’ rulings for specific cases, as the main form of legal positions’ registering.
The problem of ensuring consistency in application and interpretation by the courts of law and adequate methodological, procedural and institutional means of its ensuring is one of the most relevant for functioning of the new Supreme Court of the Russian Federation. In this context, it seems appropriate to develop the most acceptable method of elaborating legal positions on the application and interpretation of the law by lower courts, and to suggest direct tools for its ensuring, as well as rationally justified forms of legal positions’ registering. Following the results of the research, the author concludes that the most appropriate methodological basis for ensuring consistency of the judicial practice is the priority of the analytical method combined with the descriptive method. As such, as a direct tool to ensure consistency in application and interpretation of the law by courts, the highest judicial body should consider legal provisions, contained in supervisory instance courts’ rulings for specific cases, as the main form of legal positions’ registering.
Keywords:
Consistency of judicial practice, analytical method, descriptive method, forms of legal positions’ registering, supervisory instance court ruling on specific cases.
Consistency of judicial practice, analytical method, descriptive method, forms of legal positions’ registering, supervisory instance court ruling on specific cases.
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