Law Explanatory Practice of the Russian Federation Constitutional and Supreme Courts as an Independent Form of Penal Policy Implementation: Positive Experience and Negative Tendencies Overcoming

Abstract

The paper critically perceives the traditional approach that only distinguishes two forms of the penal practice implementation, that is, law making and law enforcement. The author proves that there is a separate field for the Russian Federation Constitutional and Supreme courts, that is, a law explanatory one. This form of the state activity does not belong to law enforcement proper. It is in the governing influence on the latter. It is typical of the law explanatory practice of the Russian Federation Constitutional Court that it influences the penal law making in a governing way. A number of negative tendencies have been singled out. The author arrives at a conclusion that the Russian Federation Constitutional and Supreme courts’ law explanatory practice as an independent form of the Russian penal policy needs a governing impact. The paper offers the ways to overcome these negative tendencies.