The Constitutional Court in the Context of the Uniformity of Judicial Practice in Civil Cases

Abstract

Relevance. The issue of the role of the Constitutional Court of the Russian Federation in ensuring uniformity of judicial practice, as well as the mechanisms of such provision, remains insufficiently investigated in the scientific literature.The purpose of the work is to study the current legislation and law enforcement practice in order to identify the specifics of the influence of the practice of the Constitutional Court on the uniform interpretation and application of legal norms in civil cases.Objectives. To achieve this goal, the task was set to identify the problems of applying the decisions of the Constitutional Court within the framework of the formation of uniform judicial practice. Also, within the framework of this article, the task was set to formulate proposals for improving civil procedure and arbitration procedural legislation.Methodology. Within the framework of the study, dialectical, formal legal and hermeneutic research methods were applied.Results. As a result of the conducted research, it was concluded that the practice of the Constitutional Court of the Russian Federation in the context of the issue under consideration concerns both the formulation of general objectives regarding the legal nature of the uniformity of judicial practice and ways to achieve it in law enforcement, and the interpretation of legal norms in their constitutional and legal sense to eliminate the risks of their unreasonably different application in similar situations.Conclusions. The conclusion is also made about the mutual influence of the legal positions of the Constitutional Court of the Russian Federation and the practice of other courts. In addition, it is concluded that it is necessary to amend the current procedural legislation in order to consolidate the need to indicate in the texts of judicial acts the legal positions of the Constitutional Court of the Russian Federation.