Comparative-Legal Analysis of Judgment in Pilot Cases and Judicial Precedent

Abstract

In the article, the legal nature and main features of the institution of model cases are analyzed from a theoretical point of view, in particular the decision in a model case, the main characteristics of the judicial precedent are studied in the doctrinal definition and their comparison is made. A comparative legal analysis of decisions in exemplary cases and court precedent was carried out, which boils down to the following: both are the result of the activity of the court of the highest instance; is the result of solving a specific case; the principle of effect of the decision in the exemplary case is vertical (decisions of courts of higher jurisdiction are universally binding for courts of lower jurisdiction when deciding similar cases), and the principle of effect of court precedent is vertical (must be applied in the ratio decidendi part by lower instances) and horizontal (must be applied by the same court or another court of the same level when deciding "similar" cases; both have a generally binding character when considering the next case, which concerns similar or sufficiently close issues (circumstances of the case); legal conclusions of decisions in exemplary cases and rules of court precedents are directed to judges, who are obliged to implement them, and also for law enforcement by other subjects; however, the decision in an exemplary case is made on the basis of a submission for consideration of one of the typical cases, and a court precedent arises during the consideration of a specific case; the decision in the exemplary case is binding in its entirety and must contain the circumstances clearly defined in the.current legislation, and precedent decisions are binding not in their entirety, but only in part of the ratio decidendi, and the rest of the precedent decision, in particular, legal ones positions formulated by the court "inter alia" ("obiter dictum") are not binding.
 The fact that the effect of decisions in exemplary cases, although it has the features of a precedent, is different from it, and this proves that effective changes are taking place in the judicial process