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Regular version of the site

Article

О некоторых теоретических вопросах прецедентной революции в России

In this article the author examines some theoretical problems connected with the attempts to integrate principles of the precedent law into the Russian law. In author’s opinion, the basic problem is that of different normativity of law in the common law and in the civil law. In the English precedent law legal regulation is mainly exercised through casual rules created ad hoc, in the civil law regulation implies creating general rules. Uncritical utilization of the term “precedent” for characterization of judicial lawmaking in Russia can lead to superfluous analogies between the Russian and the English legal systems. To describe judicial lawmaking theory of law can propose more convenient terminology and conceptual schemes.