Should the Russian judicial system switch from the Romano-Germanic style (the main source of law is a normative act) to the Anglo – Saxon style (judicial precedent)?

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3 Answers

  1. As for me, the Russian Federation has a mixed legal system rather than an exclusively Romano-German one.�

    And for example here you can find the answers why�Why has judicial precedent, with the exception of decisions of the Constitutional Court, not yet become an official source of law in Russia?

    If we talk about a complete transition, on the one hand, it would be great, in the sense that the law would become truly “alive”. On the other hand, I frankly don't know how to make such a complete transition (given that there is already a case law in one form or another).

  2. No, you shouldn't. Each system of law has its pros and cons, and the transition from one system to another is very difficult and problematic, and not justified. I think the best option is somewhere in the middle. That is, to supplement the system of normative legal acts with judicial precedents and official interpretations that have the force of law.

  3. No, you shouldn't. Successful use of case law requires a high level of trust between citizens and the authorities. It's simple.�

    If you and your neighbor consider someone decent and trust them to resolve disputes, then you don't really need to agree on the rules by which they will resolve your disputes.�

    If you trust such a judge, but you need to be insured, then you can sign a contract with the dispute resolution rules. If the referee breaks the rules, then you can fully argue with the referee.

    In Russia, such trust will not appear soon.�

    And in general, the long-term practice of applying the Romano-German legal system has already created a layer of solutions, law schools and institutes (not in the sense of the education system). If a case-law system is introduced, all this experience will have to be abandoned.

    But, you can not immediately dismiss any idea. It also has its advantages. I am for the unity of law enforcement. Therefore, it is necessary to make reviews and generalizations of practice and be guided by the Supreme Court's explanations on dispute resolution.

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