Transforming the legal position of judicial lawmaking

Abstract

The article explores the issue of existing particularism in judicial practice.The authors examine the importance of judicial acts and question whether it is appropriate to acknowledge them as sources of law because they are legal facts. The concept of a “legal position” has been defined by modern judicial practice to such an extent that,in the lackof inherent characteristics that would give this categorya unified meaning,its meaning is lost rather than expanded or specified.There is a sense of isolated lawmaking and conditions for a “precedent revolution” due to the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation’s isolated legal positions that lead to conflicts with existing legislation.There is a belief that when courts must find the necessarylegislative solution,theyare deprived of normative and scientific support. Research reveals that the current family legislation does not include legal requirements in the Code itself for acknowledging a court decision as a legal fact in the areas of guardianship, alimony rights, and adoption regulation.The current situation requires legislators’ attention, and the judicial lawmaking examples discussed in the study should be removed from the legitimate legal environment.