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Baranova M.A., Grigoryan V.L., Golovina A.A. Interpretive and Precedential Nature of Decisions of the Russian Constitutional Court in Criminal Procedure

Marina Aleksandrovna Baranova
Candidate of Juridical Sciences,
Associate Professor, Department of Criminal Procedure,
Saratov State Law Academy
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Volskaya St., 1, 410056 Saratov, Russian Federation

Vagan Levonovich Grigoryan
Candidate of Juridical Sciences,
Associate Professor, Department of Criminal Procedure,
Saratov State Law Academy
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Volskaya St., 1, 410056 Saratov, Russian Federation

Anastasiya Anatolyevna Golovina
Master Student, Department of Criminal Procedure,
Saratov State Law Academy
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Volskaya St., 1, 410056 Saratov, Russian Federation


Abstract. The article analyzes the Russian Federation Constitutional Court judgments in order to demonstrate their precedential nature. The article proves that the Russian Federation Constitutional Court judgments have precedential value for the criminal justice system, such judgments invalidating individual Clauses of the Russian Federation Code of Criminal Procedure, as they form new legal regulations changing standard criminal law and procedure. Compared to the standards stipulated by law, such legal regulations govern relations in criminal law and procedure. Typically, after a definite period of time a legislator considers legal proposition presented in the judgments and makes appropriate amendments and additions to the Russian Federation Code of Criminal Procedure. The authors of the article believe that this fact is a further argument for accepting such decisions as judicial precedent. As for other judgments (decisions and orders) made by the body for constitutional supervision, they advise of the meaning of provisions of the criminal law and procedure; thus, they are interpretive acts mainly. However, as often as not the Russian Federation Code of Criminal Procedure construe the impugned provision so broadly, that such acts acquire certain features of a precedent. The article concludes that judgments in question shall be accepted and legislated as a source of criminal law and procedure and scope of validity of the same shall be defined. 

Key words: criminal justice, judicial precedent, the Russian Federation Constitutional Court judgments, interpretive act, new rules of conduct, impugned legal provisions.

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