From the “Letter of the Law” to the Rule of Law: The Role of General and International Principles of Law in Russian Courts (Part 2)**
- Authors: Marochkin S.Y.1
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Affiliations:
- Tyumen State University
- Issue: No 1 (2026)
- Pages: 103-112
- Section: International law studies
- URL: https://medbiosci.ru/2072-909X/article/view/364528
- DOI: https://doi.org/10.37399/issn2072-909X.2026.1.103-112
- ID: 364528
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Abstract
The article examines the importance of principles of law in individual legal regulation, the degree of their “participation” in judicial practice. This directly determines to what extent law is and remains law in its original sense of being an equal measure for all. In the implementation of this function of law, the main role belongs to the courts. The fundamental principles of law are expressed in the general principles of law and in international law, which also enshrines universal human values, generally recognized principles and norms, human rights, and, above all, natural rights. Being an integral part of the legal system of Russia, the principles of international law equally ensure the possibility of making judicial decisions within the framework of the legislation, interpreted and applied through the prism of principles. The article attempts to assess whether the courts are ready and inclined to take their decisions not only on the “letter of the law”, but also on the principles of law, its initial basics. The analysis of the problem under study is based on a significant array of decisions of the highest judicial authorities for a relatively new period.
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About the authors
Sergey Yu. Marochkin
Tyumen State University
Author for correspondence.
Email: s.y.marochkin@utmn.ru
ORCID iD: 0000-0002-0241-3752
Doctor of Science (Law), Professor, Head of the Centre for International and Comparative Legal Studies.
Russian Federation, TyumenReferences
- Neshataeva, T. N. The court and generally recognized principles and norms of international law. Vestnik Vysshego Arbitrazhnogo Suda Rossijskoj Federatsii = Bulletin of the Supreme Arbitration Court of the Russian Federation. 2004;(3):124-140. (In Russ.)
- Marochkin, S. Yu. From the “letter of the law” to the rule of law: the role of general and international principles of law in Russian courts (Part 1). Rossijskoe pravosudie = Russian Justice. 2025;(12):94-110. (In Russ.)
- Neshataeva, T. N. Court and law: Eurasian integration. Monograph. Moscow: Norma; Infra-M; 2021. 336 p. (In Russ.)
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