The Role of Judicial Practice in the System of Sources of Modern Russian Law
Annotation
The purpose of this study is to comprehensively examine and consider the role of judicial practice among the sources of contemporary Russian law. In particular, special attention is paid to the possibility of recognizing judicial practice (or individual judicial decisions) in Russia as full-fledged judicial precedents, having, as in common law countries, the status of a source of law. The research methodology includes both general scientific methods (in particular, analysis and synthesis) and specific legal ones, including historical-legal, comparative-legal, and formal-legal methods. Conclusions: The article, using a specific example, examines the specifics of applying precedent as a source of law in common law countries, and also examines the significance of judicial practice in the Russian legal system, relying on current legal regulation, an analysis of the legal positions of higher courts, and academic research. The author concludes that the doctrine of precedent cannot be used in modern Russian law, while noting the high theoretical and practical significance of individual judicial decisions. Scientific and practical significance. The conducted research allows for a clear comparison of judicial precedent with judicial practice and individual court decisions, brings clarity to the resolution of questions regarding why the phenomenon of judicial precedent is not applicable to the law of the Russian Federation, and why an appropriate regulatory framework is necessary for judicial lawmaking
Keywords
| Type | Article |
| Information | Juridical Education and Science № 05/2026 |
| Pages | 32-36 |
| DOI | 10.18572/1813-1190-2026-5-32-36 |
