THE PRACTICE OF GERMAN COURTS ON THE USE OF RULES OF PRECEDENT NATURE IN LEGAL PROCEEDINGS
Keywords:
Judicial practice, foreign experience, rules of precedent character, judicial act, standards of legal proceedingsAbstract
The article considers the experience in the administration of justice of one of the main representatives of the Romano-German legal family – the Federal Republic of Germany. In particular, the object of study were rules of precedent nature, which are applied by courts in Germany.
Analysis of some judgments of the Federal Labor Court gives reason to the author to conclude that the highest court in the field of labor relations is very often resorted to the formation of legal positions in their decisions to resolve specific cases, which are then widely used by the Federal Labor Court itself and other courts of Germany.
Thereby the article shows that, in the absence of legal consolidation, case law exists in Germany in the form of "factual precedentancy".
The work of the International Council under the Supreme Court of the Republic of Kazakhstan is marked, which formulates recommendations on the implementation of rules of precedent nature in Kazakhstan. The article focuses on the complexity of such implementation and on the necessary concomitant measures to ensure the effective action of such rules in the existing conditions of the judicial power realization in the Republic of Kazakhstan.
