JUDICIAL PRECEDENT IN CRIMINAL PROCEEDINGS: REJECTING STEREOTYPES AND ILLUSIONS

Abstract

The attention of legal science to the issue of sources of law does not weak. Among such sources, judicial precedent, including all judicial practice, is consistently considered. The debate on the need to «legalize» the precedent in Russia, to transfer it from atypical sources of law to typical ones does not stop. Opposing views are expressed: the precedent is categorically rejected or, on the contrary, it is extolled. The purpose of the article is to conduct a comparative legal study of the understanding of judicial precedent in different states in the context of sources of law, rejecting in this regard stereotypes and illusions in the interpretation of judicial precedent as a source of criminal procedure law. Research methods: historical, comparative-legal, logical. Results: the conclusions are made that the ambiguity of the concept and use of judicial precedent requires a clear definition of its place in the system of sources of criminal procedure law. Judicial precedent should not be confused with judicial rules of common law countries as well as with judicial practice. The author maintains the position of preserving the meaning of the «classical» (English) precedent as a sour ce of law.

Keywords

• sources of law
• sources of criminal procedure law
• judicial practice
• judicial precedent
• doctrine of judicial pr ecedent
• stare decisis