Actual aspects of modern theory and practice of judicial interpretation and application of general principles of law

A noticeable trend of modern legal development is the expansion of the practice of judicial interpretation and application of general principles of law. Scientific views and judicial legal positions on the concept, system and content of general principles of law are diverse and insufficiently substantiated. The involvement of international and national courts in the application and interpretation of the general principles of law has raised a number of scientific and practical problems. Among them, the most relevant are the elimination of differences in judicial understanding of the general principles of law, issues of identity of interpretation of the content of the general principles of law, identification of the limits of application of the general principles of law by the courts. The aim of the study is to identify and assess the relevant constitutional and legal aspects of the theory and practice of regulation and application of the general principles of law by the courts, the formation of the author's position on the concept, system and content of the general principles of law on the basis of generalization of scientific views and practice of judicial interpretation and application of general principles of law. Research objectives: comparative analysis of scientific views on the general principles of law in the domestic theory of law, in the scientific doctrines of the constitutional law and international law, as well as in judicial practice on the example of the ECHR and the Supreme Russian courts (the Constitutional Court and the Supreme Court). Conclusions: the concept of general principles of law is defined on the basis of systematization of scientific views and judicial practice; author's classifications of general principles of law are formulated. The main trends of increasing the role of general principles of law for the substantiation of judicial decisions are identified: formulation as criteria-requirements of constitutionality of doctrinal principles of the foundations of the constitutional system and the legal status of the person; substantiation of constitutionality of the principles formulated in the modality of constitutional rights and freedoms; application of stable dichotomies of principles-requirements (for example, the principles of "freedom and inviolability of the individual", "equality and non-discrimination", "reasonableness and justice", etc.); differentiation of general principles of law by courts and formulation of new principles of law. Originality/value: the article can be useful for scientists, practicing lawyers, judges, specialists and young researchers who are interested in the problems of constitutional law.

общие принципы права, конституционное право, международное право, научная доктрина, судебная практика, суды общей юрисдикции, Верховный Суд РФ, Конституционный Суд РФ