Revisiting The Relation Between Judicial Legislation And Court Organization

Abstract

The author of the article with the title: “Revisiting the relation between judicial legislation and court organization: the research of Russian legal reality” proposes and substantiates the conclusions of a practical legal research aimed at the solution of the following urgent tasks posed to the judicial power of the Russian Federation as the main official law enforcer. Also these tasks are posed to judicial power in the context of the formation of the architectonics of the judiciary, able to most effectively implement their functions. Some of them are the study of organizational and legal mechanisms of provision of the unity of law enforcement by the judicial system; the study of the human rights function of the court and the practice of judicial law-making in Russia; the study of the peculiarities of the interpretation and application of the norms of administrative and civil law as the most important task of the law-making activities of the courts in Russia; the study of the prospects and main directions of development of judicial law-making in Russia. The author compares the court decision with the legal rule in the context of the changes in the judicial system that has already occurred, and concludes that judicial law-making is the interpretation of the law by each judge of each instance, and justice is the final stage of the law, its final institution.The author concludes that a key common feature of a court decision and legal rule is the introduction of certainty in public relations.