Bozrov, V. M. Judicial independence and academic doctrinal-legal opinion

Abstract: This article explores doctrinal legal opinion vis-a-vis the principle of procedural independence of judges. It analyses the problem of the legal essence of the doctrinal-legal opinion of the academic – a specialist in a particular area of law – and the importance of such an opinion in deciding a criminal case correctly. The article identifies factors which prevent the widespread adoption of these opinions in judicial work. It is based on the results of a comparative analysis of the relevant case law of the Russian Constitutional Court, as well as that of a number of regional and provincial courts of the Ural Federal District. The research utilises techniques of observation, generalization, induction, analysis and synthesis, and comparative law as well as the empirical method. The article’s academic novelty lies in its determining of the legal nature of doctrinal opinions and its justification for their role in the resolution of situational problems which arise in the administration of criminal justice.

Keywords: