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Обеспечение единства судебной практики в России и за рубежом: в поисках баланса
This article considers from a comparative legal point of view the issue of ensuring the uniformity of judicial practice, as well as the relation of the uniformity of judicial practice to the principle of independence of judges, which is relevant in any legal order. It offers general characteristics of the existing German and French models of ensuring the uniformity of judicial practice and suggests improvements in the domestic legal order. One of the key points of foreign experience is not so much about conciliation or overly formal procedures for reconciling differences / deviations in judicial practice through conciliation bodies, but it consists in an effective mechanism for detecting problematic issues and initiating an open discussion of the need to change / maintain judicial practice (in Germany, even with the possible participation of the parties). Such open discussions in the development of uniform approaches to the most complex, important and / or new legal issues along with open discussions involving representatives of the academia and professional community could undoubtedly increase the effectiveness of the existing mechanism in the domestic legal order.