“LAW IN ACTION” OF THE GUIDING CASES SYSTEM: PERSPECTIVES ON THREE-LEVEL REGULATIO
Keywords:
precedent, judicial precedent, application of the law, court, judicial decision, judicial system, Eurasian Economic Union court, human rights, human rights protection, rule of law, settlement dispute, judicial conflict resolution, guiding cases, guiding cases system, China’s guiding cases system, China guiding cases project, CGCPAbstract
The aim of the article is to highlight the prospects of establishing and developing the system of guiding cases, with certain elements of the concept of judicial precedent at the judicial system of the Republic of Kazakhstan; to demonstrate the implementation and using of judicial bodies the legal precedential positions at the supranational level - in the legal order of Eurasian Economic Union, and at the specific legal regime of the Astana International Financial Centre (AIFC) and also to show China’s experience of implementation and use the “China’s guiding cases system”.
In future, as part of research, author will develop and propose on the doctrinal level the guiding cases system. The system of guiding cases will be designed not only for judges but also for prosecutors, advocates, counsellors, legal scholars and other persons, who have the authority to provide rule of law, protect human rights, resolve disputes and universalized the legal doctrine.
This article prepared by the author during the research and writing the thesis as part of the PhD study program at the M. Narikbayev KAZGUU University, city of Nur-Sultan, Republic of Kazakhstan.