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JUDICIAL PRACTICE AS A SOURCE OF CIVIL PROCEDURAL LAW AND ITS IMPACT ON THE WORK OF THE COURTS OF APPEAL

JUDICIAL AUTHORITY AND PRACTICE


R.V. SHAKIRYANOV

R.V. SHAKIRYANOV,
Candidate of Legal Sciences, Honored Lawyer of the Russian Federation,
Judge of the Supreme Court of the Republic of Tatarstan

DOI: 10.24031/2226-0781-2019-9-4-265-297

The article discusses the impact of judicial practice on the work of the courts of appeal;
indicates that the source of law can only be recognized judicial practice, which is reflected
in the decisions of the Plenum of the Supreme Court of the Russian Federation. According
to the author’s opinion, when working on appeal, there are certain reserves to speed up legal
proceedings, to fully implement the requirements of procedural economy: resolving a dispute
involves both the correct application of legal acts and taking into account, in particular, the
existing judicial practice in the case under review. The article draws attention to the fact
that the emerging judicial practice expands the grounds for the return of cases to a new
trial to the court of first instance; it is indicated that regional judicial practice fills the legal
vacuum created due to the presence of legal regulation gaps in the appeal proceedings,
helps to overcome the gaps in the legislation and contributes to the realization by citizens
of the right to judicial protection. Judicial practice plays a significant role in ensuring the
uniform application of laws by the courts, however, these tasks are possible only if there is
a common, uniform judicial practice in civil proceedings.

Keywords: civil procedure; source of law; judicial practice; law enforcement practice of
appeal proceedings; rule-making.

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Information about the author

Shakiryanov R.V. (Kazan, Russia) – Candidate of Legal Sciences, Honored Lawyer
of the Russian Federation, Judge of the Supreme Court of the Republic of Tatarstan
(18 Kremlyovskaya St., Kazan, 420008, Russia; e-mail: rakat51@mail.ru).

Recommended citation

Shakiryanov R.V. Judicial Practice as a Source of Civil Procedural Law and Its Impact
on the Work of the Courts of Appeal. Herald of Civil Procedure, 2019, vol. 9, no. 4,
p. 265–297. (In Russian). https://doi.org/10.24031/2226-0781-2019-9-4-265-297

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