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Nov 9, 2020
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Jan 15, 2020In free access for the first time
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Apr 16, 2017Russian court practice in English
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Jun 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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May 18, 2013"The legal positions formulated by the Presidium and Plenary Session of the Supreme Commercial Court, - they are not only a guidance how to act, but also drafts for future court decisions"
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Feb 6, 2012“А certain element of “the law of precedent” will serve as a factor of incessant improvement of court”
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Jul 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”
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Jun 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)
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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”
Subject area
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
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- Court:
- Supreme Court
- Whether the procurator (public prosecutor), when applying to a court in the interest of an uncertain class of persons, should use the mandatory extrajudicial dispute settlement procedure before?
- Subject area:
- Court Proceedings commercial proceedings
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- Court:
- Supreme Court
- Subject area:
- Economic activities, finances thin capitalization
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- Court:
- Constitutional Court
- The constitutionality of the criminal prosecution for a violation of the procedure for conducting meetings, assemblies, manifestations and picketing, given that the accused has already been repeatedly (more than twice within 180 days) brought to administrative responsibility.
- Subject area:
- Public Law Criminal liability administrative liability
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- Court:
- Supreme Court
- Whether a company may be allowed to take part in a government tender (in the form of request for quotation), if it offers zero price (0.00 RUR)?
- Subject area:
- Economic activities, finances public procurement