Judicial practice in criminal and other types of legal proceedings: prospects for convergence

Abstract

The doctrine of judicial law presupposes, in the main, the unification of procedural laws. The author notes that judicial law in the form of judicial practice is also an object of convergence. There are three types of differences in judicial practice temporary, territorial and sectoral. The article clarifies the reasons for the difficulties of convergence of judicial practice of various types of legal proceedings. It is stated that intersectoral uniformity, or at least the absence of obvious contradictions, is one of the main goals of the judicial reforms in recent years. It is established that the main problem of the intersectoral lack of uniformity is different interpretations of the same substantive law in criminal, civil, arbitration and administrative proceedings. The main content is devoted to the analysis of examples of different approaches to common substantive legal problems (using examples of civil, tax law) in criminal cases and in other types of court cases. The author concludes that it is necessary to overcome the closedness of judicial practice on itself within each of the types of legal proceedings, the inadmissibility of different interpretations of substantive legal norms in criminal and other types of legal proceedings.