Resolutions of the Plenum of the Supreme Court of the Russian Federation as a Source of Civil Procedural Law

Abstract

The article investigates role and significance of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in Russian law system. The author does not limit the investigation with the usage of only formal juridical approach and points out the necessity of moving away from legal positivism and the expediency of using axiological approach to the understanding of law while identifying the role of the PSC Resolutions in this system. The analysis of the Legislation on the Supreme Court, conducted in order to reveal the legal effect of the PSC Resolutions, illuminates that the generation of the provisions of law during the exercise of powers of the Supreme Court is an objective process caused by the logic of existence and development of Russian legal system. The generalized focus of the interpretation of law and the broad range of conclusions based upon it are named as the main distinguished features of the PSC Resolutions in comparison with judicial cases and other judicial acts. The article refutes the idea that the principle of the division of powers is an argument against the recognition of the judicial law-making, and the thesis is the clarification of the Plenum of the Supreme Court are not conductive and obligatory, underline the existence of effective procedural mechanism that assures the insistence of the PSC Resolutions. The article includes examples illustrating that currently the Supreme Court creates law, rectifies legislative lacunas, creates new legal norms, and its resolutions are actually the source (form) of civil procedural law. It is concluded that the Resolutions of the PSC are clarifications adopted by supreme judicial authority according to the constitutional and legislative empowerment, based upon the supreme (in the hierarchic meaning) level of generalization and the analysis of the judicial practice of the supreme judicial authority, with binding effects for all courts of general jurisdiction and other participants of civil procedural relations. With the help of these acts of official law interpretation, the PSC creates new conduction regulations for indefinite range of person by means of law interpretation and analyzing its meaning with the usage of analogy of law as a method of interpretation. The author also points out the necessity of legislative recognition of the Resolutions of the PSC as a source (form) of law in order to eliminate problems arising from its application.