Judicial practice as a legal institution

Based on the analysis of the works of legal theorists and scholars devoted to judgments about the legal nature of judicial practice as a source of law, its role and place in the Russian legal system, the authors stated that the independence of judicial practice was recognized only at the doctrinal level, but the value of judicial practice for the activities of courts, the improvement of legislation and the fruit-fulness of science was not disputed. The study of the normative consolidation of the category of judicial practice in legislation made it possible to show the procedural nature of judicial practice as a procedural institution, and the definition of its subject classification will improve the procedure for systematizing judicial practice.

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Publication Details

Journal
NORTH CAUCASUS LEGAL VESTNIK
Published
2024-09-30
DOI
https://doi.org/10.22394/2074-7306-2024-1-3-136-143
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Judicial practice as a legal institution

Лусегенова Зинаида Сергеевна
NORTH CAUCASUS LEGAL VESTNIK
European and International Law Studies
article

Judicial practice as a legal institution

Лусегенова Зинаида Сергеевна
article en

Abstract

Based on the analysis of the works of legal theorists and scholars devoted to judgments about the legal nature of judicial practice as a source of law, its role and place in the Russian legal system, the authors stated that the independence of judicial practice was recognized only at the doctrinal level, but the value of judicial practice for the activities of courts, the improvement of legislation and the fruit-fulness of science was not disputed. The study of the normative consolidation of the category of judicial practice in legislation made it possible to show the procedural nature of judicial practice as a procedural institution, and the definition of its subject classification will improve the procedure for systematizing judicial practice.

NORTH CAUCASUS LEGAL VESTNIKVol. 1(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
European and International Law Studies
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