Marat Baglay

Justice of the Constitutional Court in 1995-2003, Chairman in 1997-2003. More detail

Decisions in which the judge dissented

Decision number and date Subject area
Decree of the Constitutional Court of 04.04.1996 № 9-П Migration rules
Decree of the Constitutional Court of 24.12.1996 № 21-П Powers of the subjects of the Federation; elections
Total for the year 1996: 2 opinions
  • 29.01.2003 | 14:00
    Our system of law is not an Anglo-American, but European continental one, which is based, so to speak, on the statute law, not a judicial precedent. Is it good or bad? Judicial precedent does surely have certain advantages: for example, it promotes the stabilization of judicial practice in the long run, but it also has certain disadvantages, and, most importantly, we do not have yet any grounds for introducing the law of precedents neither in customs nor in judicial practice,  because we have very clear principle of judge’s independence in the judicial process – this is a constitutional principle, from which it follows that a judge when deciding an issue determines by himself what to rely upon in adopting his decision. And in the first place he should be guided by statute. (Full version.)