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6.1. Judicial Precedents: Pro et Contra

Thursday, 16 May
09:45 - 11:30

Hall #1, General Staff Building (6-8, Dvortsovaya sq.)

Among other things, the relevance of the topic is due to the fact that recently the doctrine of binding judicial precedent has been proclaimed for quite a long time in Russia at the level of the supreme judicial power.

Although this doctrine is currently not supported by the higher courts, there is no consensus in the legal community as to whether this doctrine is necessary for Russian law and whether it is possible to practically implement the doctrine of binding judicial precedent in Russia.

Possible answers to these questions relate not only to the Russian legal order, but are also of undoubted importance for other jurisdictions of the family of continental law, in which the main source of law is traditionally considered legislation, not judicial lawmaking.

At the same time, the legislator does not always have time to respond adequately to the dynamic changes in society and the economy.

The novelty of this session is that it is built on the model of a talk show. Within the session three rounds of debates of supporters and opponents of the stare decisis doctrine’s implementation in Russia are planned. Topic of the first round: Does Russia need the law of precedents? Topic of the second round: Is it possible to implement the law of precedents in a country that is part of the "continental legal family "? Topic of the third round: Is it true that the law of precedents is better adapted to the need for continuous modernization of existing law than a legal system in which the legislation is the dominant source of law?

At the end of all three rounds, expers from the common law jurisdiction acts. They sum up the discussion, assesse the arguments of the parties and express their own opinion on the point of view which supporters won the discussion.

Then experts give lectures on subjects: 1) 'The Law of Precedents in common law jurisdictions and the possibility of transplanting the "doctrine of precedent" into a civil law jurisdiction' 2) 'Common law as a growth driver for developing countries'.

It is also planned that in parallel will be organized on-line voting viewers on the outcome of the discussion. The results of the audience voting will be announced after the speech of each expert.

Moderators

Sergey Belov

Dean of the Law Faculty, St. Petersburg State University

Anton Rudokvas

Professor of Civil Law Department, Saint Petersburg State University

Speakers

Nicholas Allard

Of Counsel at Dentons LLP, Former President of the Brooklyn Law School

Michael Blair

QC, Leading Counsel, 3 Verulam Buildings Barristers, United Kingdom

Mariya Erokhova

Head of the Department of Civil Procedure, Moscow School of Social and Economic Sciences

Anton Ivanov

Academic Adviser at the Faculty of Law at the HSE University, Former Chairman of the Supreme Commercial Court of the Russian Federation

Sergey Ovsyannikov

Professor of administrative law department, St. Petersburg State University

Igor Rogov

Doctor of Law, Professor, Former Chairman of the Constitutional Council of the Republic of Kazakhstan, Former Minister of Justice of the Republic of Kazakhstan, Deputy Executive Director of the Foundation of the First President of the Republic of Kazakhstan – Elbasy

Inese Tenberga

Expert on Islamic Banking Law, Faculty of Law, Saint-Petersburg State University

Yuriy Tolstoy

Academicians of the Russian Academy, Professor of the Department of Civil Law of the Faculty of Law, St. Petersburg State University


* The Programme may be subject to change