Article 12224

Title of the article

Procedure for ensuring unity of judicial practice in the Russian Federation 

Authors

Polina V. Korshunova, senior lecturer of the sub-department of justice of the Institute of Law, Penza State University (40 Krasnaya street, Penza, Russia), korshunovapgu@yandex.ru 

Abstract

Background. The article substantiates the real need to develop a mechanism for ensuring the unity of judicial practice, reveals the procedure and problematic aspects of its implementation. The mechanism for ensuring the unity of judicial practice is based on the need for judges to strictly comply with regulatory legal acts and follow the legal positions of the highest judicial bodies, including elements of judicial doctrine. Based on the existing problems, it was concluded that it is necessary to change the current legislation. The pur-pose of the study is to offer a scientific substantiation of the mechanism for ensuring the unity of judicial practice, to identify problems in its application and to suggest a direction for improving the current legislation. Materials and methods. The article used the formal legal method, systemic and comparative legal method, statistical method, methods of analysis and synthesis. Results. Based on the study, a conclusion was made about the importance of the mechanism for ensuring the unity of judicial practice in the Russian Federation; the need to make changes to the current legislation was identified; some directions for such changes have been proposed. Conclusions. The study of possible ways to ensure the unity of judicial practice allowed us to state that at the moment it is necessary to develop a uni-fied concept of a mechanism for ensuring the unity of judicial practice through the formulation of its concept and functioning. The identified problems made it possible to formulate directions for improving the current legislation in order to further strengthen the unity of judicial practice in the legal system of the Russian Federation.  

Key words

uniformity of judicial practice, unity of judicial practice, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, mechanism for ensur-ing the unity of judicial practice, highest judicial bodies, legal positions, judicial authorities, law enforcement, judicial doctrine, law enforcement act 

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For citation:

Korshunova P.V. Procedure for ensuring unity of judicial practice in the Russian Federation. Izvestiya vysshikh uchebnykh zavedeniy. Povolzhskiy region. Obshchestvennye nauki = University proceedings. Volga region. Social sciences. 2024;(2):144–157. (In Russ.). doi: 10.21685/2072-3016-2024-2-12

 

Дата создания: 10.09.2024 12:23
Дата обновления: 23.09.2024 11:26