By Hiroshi Oda
This can be a new and considerably multiplied variation of the author's "Russian advertisement legislation" (2001) which has turn into the normal source during this sector.
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Sample text
It was only natural that under a system where political power was highly centralised, law-making by lower court judges could not be tolerated. 37 Under socialism, theoretically, judges were supposed to apply the law in a mechanical way without exercising any discretion. There was no room for free interpretation of statutes by judges. In fact this has been a tradition since the Tsarist period. 38 However, since provisions of the law tend to be fairly general and abstract, it was technically impossible to restrain judges from interpreting the law and, at the same time, let them apply the law to speci¿c circumstances.
8 of the Plenum of the Supreme Commercial Court of July 1, 1996. 6, 10. 96, December 22, 2005. 103, December 21, 2005. 41 18 SOURCES OF LAW We come across them [low quality laws] literally every day at every meeting of the presidium of the Supreme Commercial Court when considering this or that case by ¿nding apparent contradiction of provisions of various laws and in one and the same normative act. . 44 A commentary on the previous Code of Civil Procedure published in 1999, referring to the fact that erroneous interpretation of the law by the court is a ground of appeal, states the following: If the court does not have the possibility of utilising the result of the of¿cial interpretation of the Supreme Court of the Russian Federation of one or another provision of substantive law, the court may interpret it in a wrong way.
3). 71). Since the demarcation of competence in the present Constitution was not clear enough, the president has concluded agreements with the heads of the constituent entities. In 1999, there were around 30 of them. 17 With the adoption of the 1999 Law on the Fundamental Principles and Procedure of Demarcating the Competence of the Agencies of State Power of the Russian Federation and the Constituent Entities, the matter has become clearer. 323. 344-345. 12 6 SOURCES OF LAW PRESIDENTIAL DECREES At the Federal level, in addition to laws enacted by the representative body, some other bodies enact binding rules.