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Regular version of the site

Interviews

Sergey Sarbash. "The interpretation of law by highest courts should not be feared of" // zakon.ru. 25.07.2014

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

"Ideological version of the reasons for judicial reform from Justice Gadzhiev" // pravo.ru. 18.06.2014.

“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)

Valery Zorkin. The economy and law - a new context // Rossiyskaya Gazeta. 22.05.2014

“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”

Dmitry Dedov. Защита прав человека – задача прагматическая // Право. Блог. 27.05.2013

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.)

Tamara Morshchakova. Создание единого суда — совершенно ложный тезис // Право. 15.05.2013

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.)

Veniamin Yakovlev, former Chairman of the Supreme Commercial Court. Speaking to the Council of Judges of the Russian Federation. May 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.)

Tatiana Neshataeva. Judicial power, which does not create precedent in one or another form, does not exist. It is no power // zakon.ru. 08.12.2011

Yurii Rudkin. В октябре 1993 года суд все делал по закону // РАПСИ. 28.10.2011

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.)

Sergey Sarbash. Video interview about dissenting opinions of judges // arbitr.ru. Июль 2011

Veniamin Yakovlev. Регистрационная система превратилась в ширму, за которую прячутся мошенники // Коммерсантъ. 15.06.2011, № 106 (4647)

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.)