News

"The most important thing - it is necessary to recognise the decisions of courts of last resort as judicial precedents”

The Russian judicial system exists for less than 20 years, and therefore it is essentially impossible to encompass everything by precedent. (Full version.)

In my view, the approaches to the application of legislation worked out by the Plenary Session of the Supreme Commercial Court constitute acts of official interpretation, have important significance for courts as well as participants of economic relations. (Full version.)

In general I share the view of those who are inclined to gradually lend to the decisions of our courts the role of precedent. (Full version.)

It is known that the decrees of the Plenary Session of the Supreme Commercial Court are for all courts a source of law, obligatory for application, therefore we, of course, shall follow it. (Full version.)

Introduction by the Supreme Commercial Court of corrections into the settled judicial practice will lead to the instability of the practice, which of and by itself works against justice. (Full version.)

Those decisions where a legal position on the constitutional meaning of a law is formulated, have precedential significance. This is why they speak more and more frequently of direct precedents of the Constitutional Court. Although not everyone agrees with this, and even among the representatives of the legal community there are those who deny it outright. They say: which precedential significance? The Constitutional Court does not have a right to do so! I believe, this are the worst vestiges of vulgar legal positivism. (Full version.)

The increasingly active introduction of the elements of the law of precedent testifies to the deepening of integration of judicial system of Russia into international judicial community. (Full version.)