We all watch TV and have seen many times, like in the movies judges refer to a legal precedent.But what it is, nobody really knows, and many are trying to find out whether there is case law in Russia.And if there is, what is the benefit from it?
Let's try to understand.
According to the theory, there are two legal systems.Namely, the Roman-German and Anglo-Saxon.
first is called civil law, and it is widespread in countries such as Germany, France, Spain and Russia.Its essence is to ensure that the law is used as a piece of legislation.
the Anglo-Saxon system uses as a legal norm is legal precedent, it has already issued a judgment on any similar case.As the name suggests, this system is used in the UK and the US.
What is case law?It is inherently judicial procedural law in which the Court's decision in a particular case can then be used to resolve such cases.This is the case in the Anglo-Saxon legal system.Thus, the case-law uses as a legal act is not a legislative act as the common law and the particular judgment.But then again, nobody says that this decision was taken out of nowhere.It is also based on the law.Just this provision of the law could be adopted 250 years ago, and the decision made at that time, the court will set a precedent.
in Russian law courts for a ruling on the case referred to in the legislation.And there is a clear division of vertically.There are laws and regulations that can not be contrary to the law.Also, none of the laws of the Russian Federation can not contradict the Basic Law - the Constitution of the Russian Federation.
However, we can not say that Russia does not apply case law.This is not so, because as the regulatory framework is possible to use the judicial practice.But at the same adjudication only on the basis of precedent impossible.Always primary law and judicial practice is as the interpretation of the law.
In our country, many fear that the case law can lead to a miscarriage of justice, taking into account corruption.As the argument is completely absurd argument that the court decision made under any influence on the judge, becoming a legal norm will allow to continue to take illegal decisions.To understand the incorrectness of such formulation of the question is necessary to recall that the law - it is the only correct legal basis, and if the court's decision is contrary to it, then it can not be the basis to make a decision in another case.Even assuming that this is possible, then the higher court overturned the decision.
doctrine of the Russian law was originally based on the principle of separation of powers into legislative, judicial and executive.Each of them carries out its functions and complements the other.Thus, the legislative branch makes the laws, and the judiciary applies them.However, according to Russian law, regulations and the decision the Armed Forces and the SAC are a way of expressing the rule of law and can be designed for repeated use.But they still belong to the sub-legal regulations.That is, the case law is possible only as an aid to judgment.
