|
Title |
To the Question of
Correlation of Statutory Act and Judicial Legal
Proposition of the Supreme Court of the Russian
Federation |
|
Authors |
VIDERGOLD Anna Igorevna
PhD student of the Department of Criminal Procedures and Criminal Science of the South
Ural State University. Office 301, 149 Kommuny Str., Chelyabinsk, 454080.
E-mail: goncharencko-vv@yandex.ru |
|
Section |
Civil and Criminal Procedure |
|
Issue |
2/2014 |
Page |
139-143 |
index UDC |
347.991(470) |
index LBC |
Х711.11(2) |
|
Abstract |
The article gives a comparative
analysis of the main characteristics of a statutory act and the Resolution of
the Plenum of the Supreme Court of the Russian Federation. The author’s own
notion of judicial legal proposition is formulated and the characteristics
of this legal phenomenon are highlighted. The correlation between judicial
legal proposition and legal rule is considered as a separate issue. As a result of
the analysis the author comes to the conclusion that the judicial legal position
formulated in the Resolution of the Plenum of the Supreme Court of the Russian
Federation has the traits of a statutory act as well as those of a legal rule.
This fact allows attributing them to specific kinds of the criminal procedural
sources. |
|
Keywords |
statutory act, Resolution of the Plenum of the
Supreme Court of the Russian Federation, judicial
legal proposition, legal rule. |
|
 |
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