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Regular version of the site

Article

Правосознание российских судей и его отражение в практике высших судов

Закон. 2018. № 1. С. 108-126.

The paper proposes a method for studying the legal consciousness of judges, based on the analysis of judicial decisions, which overcomes certain limitations of questionnaires and interviews. The effectiveness of this method is shown — a study of several groups of Russian higher court judgments has allowed describing deep attitudes in the legal consciousness of judges of these courts. The analysis covered the legal reasoning of the RF Constitutional Court, the RF Supreme Court and the RF Supreme Arbitrazh (Commercial) Court as well as their interpretation of legal norms and the mechanisms for selecting decisions for referral to the Supreme courts. It is also shown that, despite the limited material used in the study, it is sufficient to make general and justified conclusions about the legal consciousness of judges.