V. V. Lazarev, doctor of jurisprudence, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
22/24, Bolshoy Kharitonievsky pereulok, Moscow, 107078, Russia
D. A. Fursov, doctor of jurisprudence, professor
Russian State University of Justice
69, Novocheremushkinskaya st., Moscow, 117418, Russia
In making legislative initiatives rarely turn to the judicial practice. Systematic approach to jurisprudence as the primary source, the supply lawmaking, in domestic science to date does not exist. The authors justify the need for fundamental analysis (precedent) judgments concerning the possibility of the implementation of the legal positions of the courts in the legislation. The problem is not confined to the perception of the provisions established by the constitutional courts or courts of interstate. The general courts are also involved in rulemaking. National courts in some cases make fundamental decisions. During judicial proceedings is born sometimes less, and even more abstract rule, the rule created by the legislator. Court decisions made at the gaps in the legislation always seen a new regulation that deserves to become a full-fledged norm through a special procedure for the perception of the legislator. In article identifies the main directions of future activities of the forthcoming implementation of the idea and their doctrinal support. The authors conclude that in the Russian context acceptable and can be effective not only continental approaches to jurisprudence. The Institute of Legislation and Comparative Law under the Government of the Russian Federation established a department entrusted with the relevant work.
Keywords: court, judgment, implementation, legal positions, precedent, monitoring, innovation, source of law, improvement of legislation.