Yakovleva O.A., Yablochkina S.S. Resolutions of the Plenum of the Supreme Court of the Russian Federation: Theoretical and Law Enforcement Aspect (Within the Analysis of Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4
DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.17
Olga A. Yakovleva, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.ord/0000-0002-6833-5005
Svetlana S. Yablochkina, Master Student, Faculty of Law Named After A.A. Khmyrov, Kuban State University, Stavropolskaya St., 149, 350040 Krasnodar, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8124-213X
Introduction: the question of the role of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in the classification of crime is relevant in the realities of modern life. The dispositions of the articles of criminal law contain the essential elements of crimes, however, in view of the legislative technique, some of them are not disclosed by the legislator directly in the legal act. The Resolutions of the Plenum of the Supreme Court of the Russian Federation are interpretative acts that, based on the generalization and analysis of the judicial practice, ensure the uniform application of the Criminal Code within the territory of the Russian Federation. The purpose of the work is to determine the necessity degree of the acts of interpretation of the Supreme Court of the Russian Federation for the law enforcement practice on the basis of the illustrations of the discussion provisions of Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 no. 16. Methods: the methodological framework for the research is a whole set of methods; the priority is the method of system analysis and synthesis, as well as the formal legal method. Results: the paper analyzes the legal nature of the Resolutions of the Plenum of the Supreme Court of the Russian Federation. The act of interpretation of the highest judicial instance of the country devoted to crimes against sexual freedom and inviolability illustrates the influence of the judges of the Supreme Court of the Russian Federation on the law enforcement practice. The authors identified the problematic aspects contained in Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 no. 16 requiring the appropriate resolution. Conclusions: the question of the legal nature of the Resolutions of the Plenum of the Supreme Court of the Russian Federation will remain relevant among the legal theorists for a long period. In the meantime, the law enforcement practice will be built in accordance with the explanations of the higher courts until the legislative resolution of this issue.
Key words: precedent, act of interpretation, classification of crimes, crimes against sexual freedom and inviolability, criminal proceedings.
Citation. Yakovleva O.A., Yablochkina S.S. Resolutions of the Plenum of the Supreme Court of the Russian Federation: Theoretical and Law Enforcement Aspect (Within the Analysis of Resolution of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 no. 16). Legal Concept, 2020, vol. 19, no. 1, pp. 120-125. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.1.17
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