Issues of judicial rulemaking and interpretation of legal norms by arbitration courts of cassation instance

Skorbunov Lev

The article is devoted to questions of interpretation by the arbitration courts of the cassation instance of the legal norms, the binding nature of the decision and instructions of the appeal courts for lower courts, and to the problem of judicial norm-setting and the formation of judicial practice. The relevance of the article is due to a dynamic change in legislation in the field of civil legal proceedings, as well as the development of the idea of precedent in the Russian legal science and the judiciary. The article aims to consider the limits of the arbitration court's consideration of court cases, the legal nature of the instructions of the cassation court within the framework of the formation of arbitration jurisprudence. The article also examined and analyzed the points of view of Russian researchers regarding the issue of judicial interpretation of legal norms by the courts of the cassation instance.

Keywords:arbitration process, civil legal proceedings, rulemaking, interpretation of legal norms, cassation instance