Acts of Interpretation of the Supreme Court of the Russian Federation and Legal Regulation Under the Conditions of Modern Technologies Development

Abstract

The interpretation, fulfilled by the Supreme Court of the Russian Federation provides continuality and stability in the functional connection of individual and legal regulation, it is especially necessary by the conditions of modern technologies development, which cause the appearance of new legal relations. The aim of the present research is the determination of the meaning of the acts of the interpretation of the Supreme Court of the Russian Federation in the process of individual and legal regulation of legal relations, which arise in the connection with development and spread of new technologies. To achieve this aim it is indispensable, firstly, to regard the legal nature of the judicial interpretation, secondly, to disclaim the peculiarities of legal regulation by the conditions of modern technologies development, thirdly, to define the role of interpretation acts of the Supreme Court of the Russian Federation as an obliging kind of individual regulation of legal relations. The methodological basis of this study is the scientifically based concept of integrative legal understanding by Professor V. V. Ershov. In this research there were used dialectic, systematic, functional and technical methods. The performed research allowed to conclude that judicial interpretation is not judicial law making or law concretization. The acts of interpretation are a kind of individual regulation and take special place, where being in accord with legal regulation they are a consequence of arguments concerning the influence of legal norms or arising conflicts in the spheres, which are not yet regulated by the positive law. The role of acts of interpretation of the Supreme Court will grow due to existing both experimental legal orders, novelty and dynamism of springing up legal relations in the context of technological transformations.