Писаная обычно-правовая практика в арбитражном процессе Российской Федерации на современном цивилизационном этапе развития

Abstract

Introduction. In the paper, the authors analyze the written customary law practice in the modern arbitration process of the Russian Federation in the context of the process of improving the arbitration procedural legislation at the modern civilizational stage of the development of Russian society and the state. The purpose of the paper is to analyze and define the doctrinal essence of judicial arbitration practice, the generalizing body of which is the Supreme Court of the Russian Federation. Methods. The methodological framework for study is the methods of scientific cognition, such as dialectical, logical, systemic, structural-functional, and formal-legal. Results. In the paper, the authors demonstrate an original vision and express their reasoned judgment that the legal positions of the Supreme Court of the Russian Federation by their legal nature cannot be anything other than the written customary judicial practice of the highest corts at the modern civilizational stage of the development of Russian society and the state. Conclusions. After a scientific analysis of the material and generalization of their own evaluative judgments obtained as a result, the authors come to the conclusion that the legal positions of the Supreme Court of the Russian Federation, by their legal nature, cannot be anything other than the written customary judicial practice of the highest courts at the modern civilizational stage of the development of Russian society and state.