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ON THE ISSUE OF THE RECOGNITION OF THE COURT PRACTICE AS A LEGAL SOURCE OF THE CRIMINAL LAW

Rozhnov Aleksey Petrovich

Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law, Volgograd State University

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Abstract. The prospects of the legislative recognition of the Plenum’s decisions made by the Russian Supreme Court as the criminal law sources are probed in this article. The author comes to a conclusion that such decisions are already the factual source of the criminal law. It is suggested that the latent (concealed) criminalization of some acts made by the Supreme Court of Russian Federation contradicts to the principle of legality and does not accord with the appointment of the criminal repression in the democratic society.

Key words: legal source of the criminal law, legislative activity, court practice, criminal law, decisions of the Russian Supreme Court’s Plenum, directing interpretations, criminal unlawfulness, latent criminalization.

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