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Acts of interpretation of the Supreme Court of the Russian Federation and legal regulation under the conditions of modern technologies development
- Authors: Kovalеva V.V.1
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Affiliations:
- North Caucasus Branch, Russian State University of Justice
- Issue: No 5 (2023)
- Pages: 5-12
- Section: Theory of State and Law
- Submitted: 24.01.2026
- Accepted: 24.01.2026
- Published: 14.05.2023
- URL: https://ogarev-online.ru/2072-909X/article/view/375589
- ID: 375589
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Abstract
The interpretation, fulfilled by the Supreme Court of the Russian Federation provides continuality and stability in the functional connection of individual and legal regulation, it is especially necessary by the conditions of modern technologies development, which cause the appearance of new legal relations. The aim of the present research is the determination of the meaning of the acts of the interpretation of the Supreme Court of the Russian Federation in the process of individual and legal regulation of legal relations, which arise in the connection with development and spread of new technologies. To achieve this aim it is indispensable, firstly, to regard the legal nature of the judicial interpretation, secondly, to disclaim the peculiarities of legal regulation by the conditions of modern technologies development, thirdly, to define the role of interpretation acts of the Supreme Court of the Russian Federation as an obliging kind of individual regulation of legal relations.
The methodological basis of this study is the scientifically based concept of integrative legal understanding by Professor V. V. Ershov. In this research there were used dialectic, systematic, functional and technical methods.
The performed research allowed to conclude that judicial interpretation is not judicial law making or law concretization. The acts of interpretation are a kind of individual regulation and take special place, where being in accord with legal regulation they are a consequence of arguments concerning the influence of legal norms or arising conflicts in the spheres, which are not yet regulated by the positive law. The role of acts of interpretation of the Supreme Court will grow due to existing both experimental legal orders, novelty and dynamism of springing up legal relations in the context of technological transformations.
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About the authors
Victoria V. Kovalеva
North Caucasus Branch, Russian State University of Justice
Author for correspondence.
Email: v.v.kovaleva@list.ru
ORCID iD: 0000-0002-2704-2046
Candidate of Science (Law), Associate Professor, Head of the Department
Russian Federation, KrasnodarReferences
- Ershov, V. V. Regulation of legal relations. Monograph. Moscow: Russian State University of Justice; 2020. 564 p. (In Russ.)
- Khabrieva, T. Ya., Lazarev, V. V., Gabov, A. V., et al. Judicial practice in the modern legal system of Russia. Monograph. Eds. T. Ya. Khabrieva, V. V. Lazarev. Moscow: Norma, Infra-M; 2018. 432 p. (In Russ.)
- Momotov, V. V. Interpretation of legal norms by the Supreme Court of the Russian Federation in the context of the modern legal system. Gosudarstvo i pravo = State and Law. 2018;(5):30-36. (In Russ.)
- Tikhomirov, Yu. A., Nanba, S. B., eds. Legal concept of robotization. Monograph. Moscow: Prospekt; 2021. 240 p. (In Russ.)
- Khabrieva, T. Ya., Chernogor, N. N. The future of law. The legacy of Academician V. S. Stepin and legal science. Moscow: Infra-M; 2020. 176 p. (In Russ.)
- Kovler, A. I. Evolutionary Interpretation of the European Convention on Human Rights: Possibilities and Limits. European Court of Human Rights as a Subject of Interpretation of Law. Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law. 2016;(3):92-100. (In Russ.)
- Sinyukov, V. N., Egorova, M. A., eds. Legal regulation of the digital economy in modern conditions of development of high-tech business in the national and global context. Monograph. Moscow: Prospekt; 2019. 240 p. (In Russ.)
- Malyutin, N. S. Judicial interpretation of normative legal acts in the Russian Federation. Monograph. Moscow: Yurlitinform; 2018. 200 p. (In Russ.)
- Kuchin, M. V. Judicial rule-making: conceptual foundations. Monograph. Moscow: Yurait; 2019. 275 p. (In Russ.)
- Stepanov, S. A. Judicial rule-making, its forms and place in the mechanism of legal regulation. Rossijskoe pravo: obrazovanie, praktika, nauka = Russian Law: Education, Practice, Science. 2018;(6):50-57. (In Russ.)
- Kozhokar’, I. P. Defects in legal regulation. Monograph. Moscow: Prospekt; 2019. 296 p. (In Russ.)
- Syrykh, V. M. Logical foundations of the general theory of law. In 2 vols. Vol. 2. The logic of legal research (How to write a dissertation). Moscow: Yustitsinform; 2004. 560 p. (In Russ.)
- Bonner, A. T. Legal problems of artificial insemination. Monograph. Eds. I. I. Chernykh, Moscow: Prospekt; 2020. 328 p. (In Russ.)
- Ashukha, M. V., Nevzgodin, E. L. On the novelties of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 № 16 “On the application of legislation by courts when considering cases related to the establishment of the origin of children”. Vestnik Omskogo universiteta. Ser.: Pravo = Bulletin of the Omsk University. Series: Right. 2017;(3):107-110. (In Russ.)
- Momotov, V. V. Bioethics in the context of legislation and law enforcement (transplantation of organs and tissues). Rossijskoe pravosudie = Russian Justice. 2019;(12):5-13. (In Russ.)
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