Судебные доктрины в российском праве: теория и практика проявления
The presented work is devoted to the judicial activity instrument that is significant in world legal practice but is little studied in Russian jurisprudence — judicial doctrines. They are gradually gaining attention in the domestic discourse, taking into account the issues of judicial protection of subjective rights, the methodology of judicial interpretation, and judicial forms of development of law. Its relevance is determined by the need for an optimal view of judicial enforcement as a “connecting functional link” between a general (abstract) order and a separate (specific) case subject to a legal decision, allowing to respond to legal problems through judicial reasoning and assessing effectively. The work gives ideas about the judicial doctrine as an idea, concept, the phenomenon of legal life, first of all, from the experience of Russian law, but in the context of general trends in theoretical thought and practical sphere, which are examined by prominent domestic and foreign scholars, representatives of the judicial community, including the authors of this monograph. For legal scholars and practitioners, judges, law enforcement officials, teachers, students, graduates of law schools and faculties, as well as for a wide circle of readers interested in the equitable resolution of conflicts, approaches of development of judicial protection of human rights and ways of the legal assessment.
The article analyzes the so-called principle of cooperation in the arbitration process. The theoretical foundations of this principle (including in the comparative legal aspect) are shown and its practical prospects are assessed.