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Взаимодействие российского парламента и судебной власти
In recent years, the Supreme Courts of the Russian Federation have been more actively involved in the work on improving legislation in various ways. At the same time, in his speech on January 15, 2020, President of Russia Vladimir Putin in his annual address to the Federal Assembly outlined proposals to strengthen the role of the Constitutional Court of the Russian Federation in the legislative process. The aforementioned amendment proposed the institution of “impeachment” of judges of the Supreme and Constitutional Courts of the Russian Federation. The authority to take such decision is proposed to be vested in the Federation Council. However, there are legal institutions that have not been used at all since the adoption of the Constitution (a message from the Constitutional Court of the Russian Federation to the Federal Assembly). Since 2008, a trend has been outlined in Russia to strengthen the control powers of the parliament. One of the most important control powers of the Russian Federal Assembly, named in the Federal Law “On Parliamentary Control”, is, in our opinion, the study of the application of laws (legal monitoring), development of proposals for their improvement. However, along with the annual reports of the General Prosecutor of the Russian Federation at the Federation Council regarding effectiveness of legislation, we see it necessary to oblige the Supreme Court of the Russian Federation to represent reports on judicial practice in the State Duma. The Supreme Court, realizing the constitutional function of summarizing the judicial practice of the courts of the Russian Federation, developing a uniform interpretation of the norms of the law, often quite independently eliminates legal gaps, sometimes developing a new legal rules, which is not fully consist with the doctrine of separation of powers in continental law systems. Such new rules are developed not only within the framework of procedural law, but also substantive law (civil and criminal). In fairness, it is worth noting that this is not a modern trend, it is Russian practice that has developed over centuries. So the Senate of the Russian Empire, being the highest court, developed long before the legislator new legal rules. All this, of course, does not fully correspond to the role of the court in the continental legal family. However, the same Senate of the Russian Empire, in accordance with the decree of Emperor Alexander I, also had the right to inform the emperor of the need to improve legislation. In this regard, taking into account the historical parallel, the author comes to the conclusion that there is an urgent need for Russia to introduce annual practice of reports of the Supreme Court to the State Duma as part of parliamentary legal monitoring of legal gaps and conflicts identified by the Supreme Court when summarizing judicial practice, with proposals for improving legislation. This is what this article is about.