On the Motivational Significance of the Legal Positions of the Constitutional Court of the Russian Federation

The article examines the issues of the motivational influence of the legal positions of the Constitutional Court of the Russian Federation on legislative and law enforcement practice. The traditional approach to assessing such influence is the use of the concept of “impact”. It is not customary to focus on the motivational influence of the Court’s legal positions in the scientific literature, although it plays a significant role in shaping the general legal ideology. When preparing the material, the dialectical method of cognition was used, as well as special meth-ods: formal logic, comparative law, formal law, etc. The research is based on the legal positions of the Constitu-tional Court of the Russian Federation and their impact on legislative and law enforcement practice. The moti-vating orientation of the Court's legal positions is considered, and it is concluded that they influence the sub-jects of legal relations in developing their legal understanding and form legal views in their decision-making. The Court itself has a stimulating effect on the law enforcement officer, since its decisions are binding, and their failure to comply may lead to negative consequences in the case, for example, of the application of a rule recognized by the Court as unconstitutional.

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Publication Details

Journal
Теория и практика общественного развития
Published
2025-09-24
DOI
https://doi.org/10.24158/tipor.2025.9.21
Primary Topic
Legal and Policy Issues
Type
article
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article

On the Motivational Significance of the Legal Positions of the Constitutional Court of the Russian Federation

Almaz Nigmetzyanov, Alexander F. Maly
Теория и практика общественного развития
Legal and Policy Issues
article

On the Motivational Significance of the Legal Positions of the Constitutional Court of the Russian Federation

Almaz Nigmetzyanov, Alexander F. Maly
article en

Abstract

The article examines the issues of the motivational influence of the legal positions of the Constitutional Court of the Russian Federation on legislative and law enforcement practice. The traditional approach to assessing such influence is the use of the concept of “impact”. It is not customary to focus on the motivational influence of the Court’s legal positions in the scientific literature, although it plays a significant role in shaping the general legal ideology. When preparing the material, the dialectical method of cognition was used, as well as special meth-ods: formal logic, comparative law, formal law, etc. The research is based on the legal positions of the Constitu-tional Court of the Russian Federation and their impact on legislative and law enforcement practice. The moti-vating orientation of the Court's legal positions is considered, and it is concluded that they influence the sub-jects of legal relations in developing their legal understanding and form legal views in their decision-making. The Court itself has a stimulating effect on the law enforcement officer, since its decisions are binding, and their failure to comply may lead to negative consequences in the case, for example, of the application of a rule recognized by the Court as unconstitutional.

Теория и практика общественного развития(9)
Openalex Percentile: Top 59%
Legal and Policy Issues
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On the Motivational Significance of the Legal Positions of the Constitutional Court of the Russian Federation — Almaz Nigmetzyanov, Alexander F. Maly · Теория и практика общественного развития (2025) | TGRS Research Map | TGRS