JUDICIAL PRACTICE AS A SOURCE OF LAW IN RUSSIA

Abstract

The author analyzes the main provisions of the rulemaking of the supreme judicial bodies, which allow us to define judicial practice as a source of law. The author considers the directions of improving the legislative regulation of the definition of judi-cial practice as a source of law. The study found that not all judicial bodies have the right to rule-making activities. It was found that there was no common understanding of judi-cial interpretation. In addition, the ultimate goal of interpretation is defined: the elimina-tion of conflicts and gaps in the rules of law for the uniformity of their application. The role of rulemaking of the highest judicial bodies in improving legislative regulation in our country is underestimated, although from our analysis of the main directions of the im-pact of judicial rulemaking on legislation, it is clear that it occurs permanently. Constitu-tional Court of the Russian Federation would solve the problem of competition between the legislative and judicial branches of government, would create an effective mechanism for their interaction and would become the foundation for new legislative initiatives. The role of rulemaking of the highest judicial bodies in improving legislative regulation in our country is underestimated, although from our analysis of the main directions of the im-pact of judicial rulemaking on legislation, it is clear that it occurs permanently. Constitu-tional Court of the Russian Federation would solve the problem of competition between the legislative and judicial branches of government, would create an effective mechanism for their interaction and would become the foundation for new legislative initiatives.