Our services:
We provide legal services in the most complex areas of law
Legal practices
Legislative amendments have been adopted that enshrine the unconditional priority of the positions of the Plenum and Presidium of the Supreme Court of the Russian Federation (SCRF) over the decisions of any lower courts.
Now, these clarifications are mandatory and must be strictly applied by all courts in the country.
This change effectively transforms the Supreme Court's positions into a fully-fledged source of law, binding on judges.
At the same time, its supervisory powers are being expanded: the Plenum will hear reports from the chairpersons of regional and arbitration courts on how these positions are being implemented in practice.
This mechanism is intended to ensure uniformity of law enforcement and prevent local courts from ignoring established practice in favor of their own interpretation of legal provisions.
Conclusion:
Referring to the current Plenum resolution in a statement of claim or complaint is now critical. Courts can no longer rely on judicial independence when ignoring mandatory clarifications, which increases the predictability of litigation.