Judicial law-making in the system of regulatory legal acts

About the author:

Dmitry I. Shandurskiy, PhD student at the Department of Civil Law and Procedure, Institute of State and Law, Tyumen State University

Abstract:

At the moment the judicial law-making in the Russian law there is a special form of lawmaking. The main feature of judicial law-making is its secondary character, due primarily to the fact that the main function of the court — the administration of justice in which law enforcement prevails over any other activity. Since there is a judicial law-making, law-making trial results are sources of law. There is a source of a special kind: on the one hand, they are by-law character, and on the other — can modify or even repeal the law. However, the current judicial system in the Russian Federation has led to the realization that courts rule the law often differently. This does not serve the cause of the uniform application of the law on the territory of the Russian Federation and ultimately undermines the legitimacy and authority of the state, also that forms a nihilistic attitude to the law in general.

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