CONSTITUTIONAL AND LEGAL FLAWS IN MODERN JUDICIAL PROCEEDINGS

Author(s): Vinokurov V.A.

Rubric: Content, problems and trends in the development of public law

DOI: 10.21777/2587-9472-2026-1-17-24

Release: 2026-1 (49)

Pages: 17-24

Keywords: Constitution of the Russian Federation, laws, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, precedent, judicial practice, normative legal acts, acts with normative properties

Annotation: The purpose of the study is to examine the legal flaws that have appeared in the activities of judicial authorities, including those caused by decisions of the Constitutional Court of the Russian Federation. The study is based on the provisions of the Constitution of the Russian Federation, which do not provide for the possibility of using judicial practice (judicial precedent) to justify decisions in specific cases, as well as the decision of the highest judicial body for constitutional control in the Russian Federation, on the one hand determining that the interpre- tation of law may be carried out only by law and on the other hand instructing the legislator to make changes to procedural codes, enabling, together with normative legal acts, to consider acts “containing clarifications of the legislation and possessing normative properties”. As a conclusion, proposals are formulated to correct the identified defects, allowing the court proceedings to return to the constitutional norms, for which the necessary amendments, including to the procedural codes of the Russian Federation, are proposed. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Vinokurov V.A. CONSTITUTIONAL AND LEGAL FLAWS IN MODERN JUDICIAL PROCEEDINGS // Journal of Legal Sciences. – 2026. – № 1 (49). – С. 17-24. doi: 10.21777/2587-9472-2026-1-17-24