Известия высших учебных заведений. Поволжский регион: Общественные науки (Jun 2022)
Rule-making activity of higher judicial bodies of the Russian state: historical and legal aspect
Abstract
Background. Judicial rule-making has always aroused interest in Russian science and practice in various periods of the development of the Russian state. The significance of judicial rule-making in Russia is ambiguous, but its actual existence is beyond doubt. Throughout the development of the judicial system, the formation of judicial reform and the formation of uniform law enforcement, judicial rule-making has played a huge role in the mechanism for protecting human rights, ensuring the rule of law and legal certainty. In view of this, there is a need to determine the status of judicial rule-making in Russia and gradually consolidate its legitimacy, which requires consistent theoretical study. The pur-pose of the research is to show the development of judicial rule-making in different periods of Russian statehood, its understanding and application, to reveal the significance of this legal phenomenon carried out by the highest judicial instances. Materials and methods. The implementation of the tasks set was achieved on the basis of an analysis of the legisla-tion of the Russian Empire, the judicial practice of the Senate, the current federal legislation and the judicial practice of the highest judicial bodies of the Russian Federation. The me-thodological basis of the study was the methods of comparative legal and system analysis, the formal legal and historical approach to understanding judicial regulatory. In the course of the study, a historical and legal analysis of the development of the function of judicial rule-making in the Russian Federation was carried out in the context of uniform law en-forcement. Through the analysis of theoretical provisions, the authorʼs interpretation of the rule-making activity of the highest judicial bodies of the Russian state at various stages of the development of the judicial system is presented. On the basis of a comparative legal analysis of the judicial activities of the Senate and the highest judicial bodies of the Russian Federation, judicial practice is considered as a result of the administration of justice and the actual existence in Russia of judicial rule-making and the precedent nature of judicial acts of higher courts is proved. The main conclusions concern the need to improve the status of judicial acts of the highest judicial bodies and provide them with a legitimate opportunity to implement judicial rule-making. Results and conclusions. It is proved that the normative legal act has obvious dominance as the main source of law in Russia, however, the judicial practice of the highest courts, due to their precedent nature, is growing in importance and predetermines the actual existence of judicial rule-making in the state. Based on this con-clusion, the authorʼs concept of the structure of judicial rule-making is proposed, the need for its further legitimization and development of the doctrine of judicial rule-making is sub-stantiated.
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