The place of guiding judicial practice in the mechanism of legal regulation

• Варавенко Виктор Евгеньевич

  Viktor E. Varavenko. Far-Eastern Federal University. Vladivostok. Russia

• Ниязова Марина Валентиновна

  Marina V. Niyazova. Vladivostok State University. Vladivostok. Russia

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.

Keywords: 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