Krasnov S.Yu., Trofimov Ya.V. Written Customary Law Practice in the Arbitration Process of the Russian Federation at the Modern Civilizational Stage of Development
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.3
Sergey Yu. Krasnov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, 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.org/0000-0002-6538-3896
Yaroslav V. Trofimov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, 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.org/0000-0001-7610-2394
Introduction. In the paper, the authors analyze the written customary law practice in the modern arbitration process of the Russian Federation in the context of the process of improving the arbitration procedural legislation at the modern civilizational stage of the development of Russian society and the state. The purpose of the paper is to analyze and define the doctrinal essence of judicial arbitration practice, the generalizing body of which is the Supreme Court of the Russian Federation. Methods. The methodological framework for study is the methods of scientific cognition, such as dialectical, logical, systemic, structural-functional, and formal-legal. Results. In the paper, the authors demonstrate an original vision and express their reasoned judgment that the legal positions of the Supreme Court of the Russian Federation by their legal nature cannot be anything other than the written customary judicial practice of the highest corts at the modern civilizational stage of the development of Russian society and the state. Conclusions. After a scientific analysis of the material and generalization of their own evaluative judgments obtained as a result, the authors come to the conclusion that the legal positions of the Supreme Court of the Russian Federation, by their legal nature, cannot be anything other than the written customary judicial practice of the highest courts at the modern civilizational stage of the development of Russian society and state.
Key words: arbitration process, customary law, practice of arbitration proceedings, custom, interpretation of the law.
Citation. Krasnov S.Yu., Trofimov Ya.V. Written Customary Law Practice in the Arbitration Process of the Russian Federation at the Modern Civilizational Stage of Development. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 21-26. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.3
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