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List of publications on a keyword: «obiter dictum»

  • The Problems of Applying the Theory of Ratio Decidendi in the Formation of the Legal Positions of the Constitutional Court of the Russian Federation on the Example of Decisions on Compulsory Pension Insurance

    Book Chapter
    Development of the Russian socio-economic system: challenges and prospects
    Author:
    Andrei B. Ivaniuzhenko
    Work direction:
    Глава 9
    Abstract:
    The chapter considers the theory of ratio decidendi as a method of interpreting the law and decision-making in common law countries, borrowed by the Constitutional Court of the Russian Federation to develop legal positions set out in its Decisions. The author, considering numerous Decisions of the Constitutional Court of the Russian Federation, including in the field of pension protection of the population, concludes that this theory cannot be applied in the Russian legal system in the sense in which it is understood in common law countries. Quotations from the works of foreign specialists are made in the author's translation.
    Keywords:
    common law, precedent, ratio decidendi, obiter dictum, legal position, Constitutional court, pension insurance system, Roman law, dissenting opinion, cause and effect
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