Year of Graduation
The Legal Nature of Law Interpretation in Higher Courts' Acts as a Way to Ensure Uniformity of Judicial Practice
Lawyer in the Sphere of Justice and Law Enforcement
The decisions of Plenums and Presidiums of the Supreme and Supreme Arbutrazhniy Courts clarify law enforcement practice for lower courts in order to ensure uniformity in the application of legislative provisions. However, the legal nature of these explanations is not completely clear to the legal science. Some people, carrying out a theoretical analysis, state that the Supreme Court issues have an exclusively advisory interpretation based on the analysis of law enforcement practice. Others, being based on judicial practice, as well as procedural codes, claim that such explanations are obligatory for the inferior court. The position of the Constitutional Court is that the acts under discussion refer to the acts of abstract interpretation, so they cannot be the subject of constitutional control, because they are unable to violate the rights and freedoms granted to a person by the Constitution. Of course, this kind of discrepancy in understanding of legal nature of discussed acts that regulates almost all spheres of public legal relations should not take place in a modern legal society. So, this work is aimed at resolving this legal uncertainty, which is so significant for modern legal practice.