employee
Far Eastern Federal University
Vladivostok, Vladivostok, Russian Federation
The traditional view of the highest court's rulings as acts of official interpretation fails to reflect their impact on the application of the law, creating a disconnect between doctrinal concepts and the actual role of judicial practice. The need to resolve this contradiction forms the basis of this study. This article examines the place of guiding judicial practice within the mechanism of legal regulation. Based on case-specific research methods, the authors analyze the formation and development of the category "mechanism of legal regulation" in general legal theory and examine the theoretical and legislative foundations for the adoption of guiding judicial practice by the Supreme Court of the Russian Federation. An analysis and assessment of the content of the Supreme Court's official interpretations revealed the presence of methodological guidelines and rules that are not qualified as clarifications of current legislation. Based on the analysis, a conclusion is drawn regarding the normative and interpretative nature of these acts and their place within the mechanism of legal regulation as a legal tool interacting with legal norms at the initial stage of the process of legal regulation of social relations
governing judicial practice, acts of official interpretation, resolutions of the Plenum of the Supreme Court of the Russian Federation, legal regulation mechanism, judicial lawmaking, intellectual property law, private international law
1. Alekseev S. S. Collected Works: in 10 vol. Vol. 3. Problems of the Theory of Law. Moscow: Statut; 2010. 781 p.
2. Theory of State and Law: Textbook / Ed. V. D. Perevalov. Moscow: Norma: Infra-M; 2017. 496 p.
3. General Theory of State and Law. Academic Course: in 3 Vol. Vol. 3. State, Law, Society / Ed. M. N. Marchenko. Moscow: Norma; 2007. 712 p.
4. Matuzov N. I., Malko A. V. Theory of State and Law: Textbook. Moscow: Jurist; 2004. 245 p.
5. Polyakov A. V. General Theory of Law: Lecture Course. St. Petersburg: Juridical Center Press; 2001. 642 p.
6. General Theory of State and Law. Academic course: in 3 vol. Vol. 2. Law / ed. M. N. Marchenko Moscow: Norma; 2007. 816 p.
7. Karapetov A. G. The Struggle for Recognition of Judicial Lawmaking in European and American Law. Moscow: Statut; 2011. 308 p.
8. Lunts L. A. Private International Law. General Part. Moscow: Legal Literature; 1973. 384 p.
9. Commentary on Section VI "Private International Law" of Part Three of the Civil Code of the Russian Federation (article-by-article) / S. S. Alekseev ICChP under the President of the Russian Federation; eds. I. S. Zykin, A. V. Asoskov, A. N. Zhiltsov. Moscow: Statut; 2021. 665 p.
