Влияние судебной практики на законотворческий процесс

Abstract

The article discusses the role of judicial practice in legislative drafting activities, judicial precedent as a source of law, analyzes the problem of revealing legal gaps and contradictions in the current legislation. The author stresses the need for clarification of the term the “right to legislative initiative of the Constitutional Court and the Supreme Court of the Russian Federation on issues within their jurisdiction”, and proposes a mechanism for accounting court practice during consideration of draft laws. The author submits the proposal on the adoption of the Federal Law “On Regulatory Legal Acts in the Russian Federation”, which, in the author’s opinion, will permit to overcome legal conflicts between the law and other regulatory legal acts and will create a solid legal framework for law-making and lawenforcement processes, will contribute to the prevention of infringement of legality in the activities of state bodies, business entities and other organizations, and strengthening the guarantees for realization of citizens’ rights and legitimate interests. Besides, the author proposes to amend the State Duma Regulation by adding the provision that when introducing the draft law to the State Duma, the subject with the right of legislative initiative must submit the materials containing system analysis and judicial practice trends regarding the regulation of the draft law in question.