Impact of the Legal Doctrine on Lawmaking and Judicial Practice in Russia

Subscibe in publisher´s online store Share via email
Impact of the Legal Doctrine on Lawmaking and Judicial Practice in Russia

Historical Legal Research

Anisimov, Aleksey; Ryzhenkov, Anatoliy; Sokolskaya, Liudmila

From the journal ARSP Archiv für Rechts- und Sozialphilosophie, Volume 105, December 2019, issue 4

Published by Franz Steiner Verlag

article, 9993 Words
Original language: German
ARSP 2019, pp 453-470
https://doi.org/10.25162/arsp-2019-0021

Abstract

The article develops the modern significance of the legal doctrine in the post-Soviet (in particular, Russian) legal system, describes its impact on lawmaking (development of draft laws, expert examination, monitoring of legislation) and on judicial practice (doctrinal interpretation, expert opinions). The authors argue in favor of the conclusion that the legal doctrine is an independent and important component of the Russian legal system, as it influences structuring and functioning of the legal system, and, being in demand in practice, is implemented in different components of the country’s legal system. In order to strengthen the role and significance of legal doctrine in the post-Soviet space, the authors make a number of certain proposals on consideration of provisions of legal doctrine in lawmaking and in judicial practice.