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 theSupreme Court of the Russian Federation in Russian law system. The author does notlimit the investigation with the usage of only formal juridical approach and points out thenecessity of moving away from legal positivism and the expediency of using axiologicalapproach to the understanding of law while identifying the role of the PSC Resolutions inthis system. The analysis of the Legislation on the Supreme Court, conducted in orderto reveal the legal effect of the PSC Resolutions, illuminates that the generation of theprovisions of law during the exercise of powers of the Supreme Court is an objectiveprocess 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 conclusionsbased upon it are named as the main distinguished features of the PSC Resolutions incomparison with judicial cases and other judicial acts. The article refutes the idea that theprinciple of the division of powers is an argument against the recognition of the judiciallaw-making, and the thesis is the clarification of the Plenum of the Supreme Court are notconductive and obligatory, underline the existence of effective procedural mechanism thatassures the insistence of the PSC Resolutions. The article includes examples illustratingthat currently the Supreme Court creates law, rectifies legislative lacunas, creates newlegal norms, and its resolutions are actually the source (form) of civil procedural law. It isconcluded that the Resolutions of the PSC are clarifications adopted by supreme judicialauthority according to the constitutional and legislative empowerment, based upon thesupreme (in the hierarchic meaning) level of generalization and the analysis of the judicialpractice of the supreme judicial authority, with binding effects for all courts of generaljurisdiction and other participants of civil procedural relations. With the help of these actsof official law interpretation, the PSC creates new conduction regulations for indefiniterange of person by means of law interpretation and analyzing its meaning with the usageof analogy of law as a method of interpretation. The author also points out the necessityof legislative recognition of the Resolutions of the PSC as a source (form) of law in orderto eliminate problems arising from its application.
For citation: Samsonov N.V. (2019) Resolutions of the Plenum of the Supreme Court of Russia as a Source of Civil Procedural Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 139–162 (in Russian) DOI: 10.17-323/2072-8166.2019.2.139.162