Concept and general characteristic of the judicial precedent as a source of law.

Abstract

In the domestic legal system, the role of the judiciary in the field of lawmaking is growing, which, along with the legislative and executive authorities, supplement the existing legal regulation, filling in the gaps and eliminating situations of legal uncertainty. For many years, judicial precedent has been denied in the Soviet theory of law, although there have been attempts to theoretically justify the creation and application of judicial precedent (judicial practice) by higher judicial bodies. This question remains poorly understood and applied to the legal system of modern Russia.