LEGAL DEFECTS IN THE ACTIVITIES OF THE JUDICIARY: CONSTITUTIONAL AND LEGAL ASPECT

The subject of the study is the legal flaws that have appeared in the activities of judicial authorities, the application of which is contrary to the Constitution of the Russian Federation. The purpose of the article is to draw the attention of legislators and judges to the problems that have arisen. The object of the study is the legal relations that have arisen in the activities of the judiciary, based on defective norms concerning the possibility of using judicial practice (judicial precedent), as well as based on the decision of the Constitutional Court of the Russian Federation, which allowed the courts to consider acts of a non-normative nature on the merits. The methodological basis of the research was made up of general scientific methods of cognition (the principle of objectivity, consistency, etc.), as well as applied private scientific methods: descriptive, linguistic, comparative legal. The article substantiates the provision on the need for unconditional observance of the Constitution of the Russian Federation, for which the author has formulated proposals for amendments to certain norms of federal laws, allowing the court proceedings to return to the mainstream of constitutional norms.

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Publication Details

Journal
LAW SAFETY EMERGENCY SITUATIONS
Published
2026-04-16
DOI
https://doi.org/10.61260/2074-1626-2026-1-67-75
Primary Topic
Legal and Policy Issues
Type
article
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article

LEGAL DEFECTS IN THE ACTIVITIES OF THE JUDICIARY: CONSTITUTIONAL AND LEGAL ASPECT

В. С. Винокуров
LAW SAFETY EMERGENCY SITUATIONS
Legal and Policy Issues
article

LEGAL DEFECTS IN THE ACTIVITIES OF THE JUDICIARY: CONSTITUTIONAL AND LEGAL ASPECT

В. С. Винокуров
article en

Abstract

The subject of the study is the legal flaws that have appeared in the activities of judicial authorities, the application of which is contrary to the Constitution of the Russian Federation. The purpose of the article is to draw the attention of legislators and judges to the problems that have arisen. The object of the study is the legal relations that have arisen in the activities of the judiciary, based on defective norms concerning the possibility of using judicial practice (judicial precedent), as well as based on the decision of the Constitutional Court of the Russian Federation, which allowed the courts to consider acts of a non-normative nature on the merits. The methodological basis of the research was made up of general scientific methods of cognition (the principle of objectivity, consistency, etc.), as well as applied private scientific methods: descriptive, linguistic, comparative legal. The article substantiates the provision on the need for unconditional observance of the Constitution of the Russian Federation, for which the author has formulated proposals for amendments to certain norms of federal laws, allowing the court proceedings to return to the mainstream of constitutional norms.

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LEGAL DEFECTS IN THE ACTIVITIES OF THE JUDICIARY: CONSTITUTIONAL AND LEGAL ASPECT — В. С. Винокуров · LAW SAFETY EMERGENCY SITUATIONS (2026) | TGRS Research Map | TGRS