| Article | Analogy in Constitutional Jurisprudence and the Legal Nature of Decisions of the Constitutional Court of the Russian Federation |
|---|---|
| Authors | Blokhin P. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 12 / 2013 |
| Pages | 256 - 273 |
| Annotation | In this article the author makes an attempt to reveal the essence of the term «analogy» as it is used in the Constitutional Court of the Russian Federation practice, as well as in other courts' practice. Based on this analysis, the author draws a conclusion about understanding and correct application of this legal and philosophical category is of a great importance for proper execution of decisions of the Constitutional Court by law-enforcement agencies and for consistent implementation of the constitutional proceedings itself. The author makes a suggestion that the further analysis of legal analogy in the Constitutional Court proceedings would allow a conceptually different direction of evolution in the longstanding discussion on the nature of the Russian Constitutional Court decisions and legal positions thereof. |
| Keywords | Constitutional Court of the Russian Federation, analogy, enforcement of the Constitutional Court decisions, universalization of legal positions, judicial precedent, matter of dispute, written proceedings. |
| References | |
| Electronic version | Download |