TO THE QUESTION OF CONSTITUTIONAL AND LEGAL PURPOSE OF THE JUDICIAL-LEGAL POSITIONS OF THE SUPREME ARBITRATION COURT AND THEIR RATIO WITH LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Authors

  • Andrey Georgiyevich Kuzmin Author

Abstract

The article presents the author's reflections on the constitutional mission of judicial
positions to stop the activities of the Supreme Arbitration Court of the RF and their relation
to the legal positions of the Constitutional Court. The conclusion that the appearance
of the constitutional and legal positions of higher courts is proved, according to them the
existence of substantive and procedural prerequisites, as well as possible obstacles to
revision based on the unconstitutional acts of making, is the result of the highest court of
economic justice. Judicial and legal positions of higher courts are the elements of the
constitutional framework for the protection of the unity and consistency of the Russian
legal system. Judicial and legal positions of the SAC of the Russian Federation have their
constitutional and legal purpose of not normative obligation of lower arbitration courts to
take a definite decision in a particular case or cases of a similar nature (legal precedent),
but by the inherent standardization they should ask the vector of formulation and adoption
of the constitutional decisions, not excluding, however, that these decisions will be
adjusted according to the judicial interpretation of facts correctly (constitutionally) correlated
with the estimated legal concepts.

Author Biography

  • Andrey Georgiyevich Kuzmin

    Candidate of Science (Law), Associate Professor, Professor of
    Constitutional and Administrative Law Department, South Ural State University, Chelyabinsk, Russian Federation

Issue

Vol. 15 No. 3 (2015): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions on Constitutional and Administrative Law