alism so necessary in the process of removal of the social contradiction by means of legal-technical means. s state not popular reason concerning the parity of the level of the special-legal, juridical-technical decision of regulatative problems within the framework of the constitutional process and within the framework of traditional legislative process with its democratic - In understanding of democracy of the before last century - to the component, and also rigidly connected with the component of political component. The specified parity will hardly be in favour of the traditional parliamentarism and to the detriment of the constitutional justice.the same time the Anglo-Saxon legal family receives essential dividends from the raising role of the law as the major source of the right that promotes stabilization of the national legal systems making the specified family, raises its stability, provides optimum equation between preservation of the fundamental principles of law and dynamics of the concrete legal; norms regulating social relations, so quickly developing in an epoch of globalizations and under the influence of the later.of convergence anyhow could not bypass the domestic legal system. Still from formal-legal positions the judiciary practice is not recognized as the official source of the law. However it would be ridiculous to deny huge regulatative value which there has resolutions of the plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. Examination of the texts of the specified resolutions in many cases gives the grounds for thinking about the parity of interpretation of the legal norm and actually law creative process, which result is the obligatory rule of behaviour.the side between the given phenomena of legal activity is so narrow that it is possible to speak, as it has been already done in the modern special-legal publications, on the mixed legal nature - on the normative-interpretation character of the judicial acts being the result of generalization of judiciary practice and simultaneously determining the vector of the further development of this practice.to speak about acts of the Constitutional Court of the Russian Federation, both about resolutions, and definitions, especially about so-called definitions with the positive contents then the regulatative and normative component of the given formal interpretation acts is so essential, that their contents determines not only the direction of judicial practice in various jurisdictions, but also the orientation of the legislative activity of the parliament.the specified circumstance is subjected to positive estimation or requires negative attitude? Most likely, as well as any complex phenomenon, it is far from unequivocal recognition. On the one hand, undoubtedly important is preservation of that rather delicate side between actually lawmaking and judicial normative interpretation, as the necessity of preservation of division of functional filling of two powerful imperious mechanisms (legislative and judicial) is axiomatical.the same time interests of the society, which services is the most important applicability of the state machinery in all its structural and functional displays, should have the unconditional priority, especially in the situation when imperfection of structurally functional differentiation of branches of the government attracts failures in the system of the government and as inevitable consequence, infringement of social development as a whole, shown in infringements of rights, freedoms and legitimate interests of the citizens. The question is, in particular, the cases when blanks in legal regulation of these or that public relations arising by virtue of normal process of society or by virtue of defective development of the government are not filled with legislature. In the given case the legal system should provide inclusion of regulative mechanisms, ie judicial law making which is the most effective mechanism., the nature of law making activity of judicial power has essential specificity whose basic contents is reduced to that the law making can not be by definition be the dominant judicial functional .. On the contrary, natural from the point of view of legal nature of the judicial power is its orientation to law enforcement, the sanction of legal dispute, to legal interpretation. In connection with the sanction of legal dispute there is possible realization by court being the body of the government is its law making function. Thus it is not necessary to connect law making of judicial act of high instances with their compulsion relating to extremely subordinate judicial bodies. Essentially more important for the future development of the domestic state development is analysis of limits of compulsion of statutory acts issued by bodies of judicial power addressed to others, except for subordinate courts, subjects. It is possible in...
