On 22 May 2026, the Chairman of the Supreme Court of the Russian Federation submitted to the State Duma a draft law[1] on amending the Federal Constitutional Law No. 3‑FKZ of 05 February 2014 “On the Supreme Court of the Russian Federation”.
The draft law is aimed at creating additional legal means to ensure uniformity of judicial practice and provides for two key amendments to Article 5(3) of the said law:
- Direct enshrinement of the guiding nature of the explanations of the Plenum of the Supreme Court of the Russian Federation
The Plenum of the Supreme Court of the Russian Federation will give courts not just “explanations,” but “guiding explanations on issues of judicial practice.”
2. A new monitoring mechanism for the observance of legal positions
A new provision is introduced that empowers the Plenum of the Supreme Court of the Russian Federation to hear reports from the chairpersons of all lower courts on the issues of taking into account in judicial practice the legal positions contained in:
- Resolutions of the Plenum of the Supreme Court of the Russian Federation;
- Resolutions of the Presidium of the Supreme Court of the Russian Federation;
- Resolutions of the Plenum of the Supreme Arbitrazh Court of the Russian Federation that remain in force.
The main legal consequences amount to the elimination of legal uncertainty, the creation of an organizational mechanism for monitoring judicial practice, and the strengthening of its uniformity.
Recognition of precedent as a source of law?
The legal community is debating whether this draft law introduces precedent as a source of Russian law.
Judicial precedent presupposes that a decision rendered in a specific case becomes binding both for the court that rendered it and for all other courts when resolving analogous cases.
However, the draft law in question does not incorporate that model. The subject of regulation is not court decisions in specific disputes, but acts of interpretation of the law. These acts do not resolve individual cases, but provide a uniform interpretation of legal norms that is binding on all lower courts. At the same time, their guiding nature has already been effectively recognized in judicial practice. The draft law merely establishes binding nature and introduces an organizational monitoring mechanism, but does not introduce precedent as an independent source of law.
[1] Draft Law No. 1241629-8 On Amendments to Article of the Federal Constitutional Law “On the Supreme Court of the Russian Federation”. URL: https://sozd.duma.gov.ru/bill/1241629-8#bh_note.