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Also, according to the new law, the plenum of the Supreme Court will hear reports from the chairmen of various courts (except magistrates) in order to draw conclusions about the uniformity of judicial practice. The clarifications of the plenum of the Supreme Court will be characterized as guidelines for the courts - such a clarification is introduced by the law, which was previously introduced by the Supreme Court and today approved by the Federation Council.
Currently, the law on the Supreme Court establishes that its plenum, among other things, considers materials from the analysis and synthesis of judicial practice and provides the courts with clarifications on issues of judicial practice in order to ensure the uniform application of the legislation of the Russian Federation.
Also, the new law gives the plenum of the Supreme Court the authority to hear reports from the chairmen of various courts (except magistrates), including military and arbitration courts, on issues of taking into account in judicial practice the legal positions contained in the decisions of the plenum of the Supreme Court and the Presidium of the Supreme Court, as well as in the decisions of the plenum of the Supreme Arbitration Court that have remained in force (1241629-8).
This is done to better ensure uniformity of judicial practice. Despite the fact that at present neither the Constitution nor the Federal Law On the Supreme Court of the Russian Federation directly indicate the guiding nature of the clarifications of the plenum of the Supreme Court, these clarifications, in essence, are one of the elements of the constitutional mechanism for ensuring the unity and consistency of the Russian legal system, and therefore the question of their binding is not called into question in the practical activities of the courts, the explanatory note says.
The goal of uniform application by courts of the provisions of legislation can be achieved using not only a set of procedural means, including verification of the legality and validity of court decisions by higher courts, but also organizational measures to monitor the courts consideration of legal positions expressed in the decisions of the plenum and the presidium of the Supreme Court, the authors of the bill noted.
