Certain Issues of Defining the Concept of Uniformity of Judicial Practice and Its Features in the Interpretation and Application of Legal Norms by Courts

Abstract

Uniformity in the interpretation of legal norms implies the existence of a single approach, i.e. an unequivocal view that precludes alternative variants, to the explanation of a norm content, whereas uniformity in the application of legal norms by courts can be commented thereof as a unified standard of law enforcement that is possibly to be used by courts only when the cases under consideration are revealed with a sufficient number of common characteristics such as a complete identity of the subject matter of claim, grounds, legal qualification of the substantive legal relations, and the protection method. To identify these case features, which establish their similarity, it is essential for determining the uniform approaches to the hearing and resolution. Adherence by courts to the clarifications and directives set forth in the Supreme Court of the Russian Federation’s reviews of judicial practice, given their informational significance, should be included into the concept of “uniformity in the interpretation and application of legal norms by courts”, a breach of which constitutes grounds for setting aside judicial acts via supervisory review.