LEGAL RULES CREATED BY COURTS: AN OVERVIEW

We seek to understand the definition of legal rules created by national and international courts. look into content in Russian doctrine classifying them three groups. The authors consider importance historical background this issue due changes judicial system procedural legislation. analyze phenomenon a rule court. found out that all courts could be divided main groups, depending on source: fixed normative acts courts; decisions; customary approved In general, each listed groups has its own characteristics, which are much similar those by-laws, precedents, customs respectively. effect court is various depends what body introduces rule. concluded Resolutions Constitutional Court ranked between constitutional legislative rules. coming from Supreme law by-laws. When it comes courts, two important points must taken account. First, one hand, create new based other more general principles. On lack clear hierarchy law, such rules, unlike norms by-laws do not have dependent (subordinate) nature. Second, principle supremacy Constitution over regulations allows us place laws. considered approach makes possible integrate category regulatory system. researchers characteristics their subsidiary nature retrospective rule-making freedom limited applicable usually creates only cases where there no govern disputed relation. That why life often short. or executive adopts another same issue, previously cancelled. came conclusion experts common opinion value provisions developed through Plenums Courts USSR Union Republics. Following review content, we raised problems, strategies, suggestions guidelines for conclude analysis distinguish special group This reality many field theory been paying attention recent decades. regulation area at level would greatly contribute strengthening practice unity. also point concepts position can coincide when higher bodies question. If concept broader sense used practice, becomes obvious covers aspects way concepts, example, precedential interpretative they as varieties come decision references adopted aforementioned become basis making decision. means recognized level. Otherwise, need sort. encourage recognize court, differentiate jurisprudence. closest court's positions. research uses scientific cognitive techniques wherein synthesis, systemic, formal-legal, comparative-legal, historical-legal dialectical methods applied.