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Regular version of the site

The Institute of Precedent

1

June 21, 2013

“I propose to merge the Supreme Court of the Russian Federation and the Supreme Commercial Court, for which it will be necessary to make amendments to the Constitution of Russia”
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July 25, 2014

“Theory knows such kind of interpretation as an interpretation contra legem, when a court interprets a law contrary the latter’s literal meaning” 

June 17, 2014

“Let us say that we have a super-precedential law. I mean certain “traditions” in judges’ behaviour, certain attitude towards the authority of the superior court”. (Full version)

May 22, 2014

“It is impossible not to touch upon recently observed attempts of a significant part of legal community to introduce into Russian law-creation practice the elements of the Anglo-Saxon law of precedent”

May 27, 2013

The importance of preceding practice and available court decisions, the very precedentiality liberate a particular judge from individual responsibility.  During a year ECHR receives about 50 thousand complaints. They mostly have one-type character. Usually it is possible to find an apposite decision, based on the ones adopted earlier… In Russia we, judges, exercise justice, often being guided by our intuition, our ideas of justice, good and evil. In ECHR the same things also exist, but bear less emotional character. The approach is rather pragmatic, procedural, precedential. (Full version.)

May 15, 2013

The highest courts, when generalizing judicial practice in certain categories of cases, formulate legal opinions which every court must follow. These positions can be right or wrong. But the judge must follow them, because he cannot appeal against them anywhere. Constitutional Court may not review the decrees of plenary sessions of the highest courts of Russia. This is the only act in Russia, which may not be appealed against anywhere. (Full version.)

May 01, 2013

Court system is unified, and the law-application must be unified. If court system does not ensure the unity of law-application, it does not ensure in essence the pervasion of law into life. What is law? Law is certainty. And the certainty is achieved by the unity of judicial practice. (Full version.)

October 28, 2011

I am not a proponent of introducing the law of precedent in our country. But what can be done: to issue the surveys of judicial practice more frequently. From the Supreme Commercial Court and the Supreme Court as well. Then nothing bad would happen. Hold joint plenary sessions of the Supreme Court and the Supreme Commercial Court more frequently. Issue joint decrees, give interpretations, generalize law-application practice. (Full version.)

June 15, 2011

Court may develop law, though not through the creation of new norms, but through explaining the existing ones, if they are formulated somewhat unhappily. (Full version.)

This project is dedicated to the development of judge-made law in Russia. Since the most famous (although not the sole) form of judge-made law is judicial precedent, the project has been given the name “The Institute of Precedent”.

When speaking of a “precedent”, we usually mean a certain kind of novelty – and not necessarily a positive one. It is obvious that legal novelties can give rise to discussions as easily as any others. Increasingly, highest courts become the most common venue for such debates. Due to its transitional character, the Russian legal system became a genuine laboratory for experiments, purporting to develop the law and make it susceptible to ever-changing circumstances. Some of these novelties occur just inside the legal system, and in any event the courts are the place in which they are tested. The highest judicial bodies of the Russian Federation not only apply, but also develop the law. Our project is devised with the intention to monitor these complex and often controversial developments, offering different perspectives on the growth of judge-made law in Russia.

Recent Precedents