Judicial practice in the law reality of Russia: experience of a comprehensive research

Abstract

The legal nature of judicial practice in the context of legal reality is investigated through prism of phenomenological and axiological analysis. The purpose of the research is to form scientifically proved knowledge of the place and judicial practice role in the legal reality. Methodology is based on complex use of postclassical methods of investigation: integrative approach allows combining within the category both activity of courts on ensuring justice and gained experience. The findings are as follows. Judicial practice is analyzed as a part of social and legal practice. It shows organic unity of knowledge, activity and result. Judicial practice promotes formation of uniform rules of interpretation, formulation of legal norms and decision making in similar situations/cases that removes ambiguity in understanding of norms and clarity of their content. Correlation of ordinary, professional and doctrinal understanding of law as well as rapprochement of social expectations and judicial consciousness, which provide legitimacy to legislation and judiciary practice, is ensured. Conclusions are as follows. Judicial practice covers activity of judicial bodies in administering justice, taking in different values - pragmatist, organizational, logic-intellectual, and formal-legal in a combination of experience generalizations. Due to this, the feedback system between legal norms and individual acts that is reflected in actual formation of models of interpretation and realization of norms, and finally leads to refining legislation is ensured. Judicial practice, thereby, harmonizes legal reality, providing rapprochement of valuable orientations of addressees and senders of law communication.

Keywords

• judicial practice
• legal reality
• postclassical methodology
• integrative understanding of law
• law communication
• legal norm
• formulation of law
• legal interpretation