The State Duma Has Adopted a Law Confirming the Guiding Role of the Plenum of the Supreme Court of the Russian Federation's Explanations

As stated in the explanatory note to the draft law, ‘one of the objectives of legal regulation is to achieve stability and predictability of public relations’. However, the necessary degree of legal certainty cannot be achieved in the absence of uniformity in judicial practice.

At present, there is no indication that these explanations are of the guiding nature. That said, these explanations constitute ‘one of the elements of the constitutional mechanism for ensuring the unity and consistency of the Russian legal system’. In practice, the courts do not even raise the question of whether they are binding.

It is therefore proposed that the guiding nature of the explanations be enshrined in law in order to prevent judicial errors and enhance the effectiveness of judicial protection.

Link to the draft law: https://sozd.duma.gov.ru/bill/1241629-8