Procedural independence of the court: the thorny way from communist myths to the objective reality of Russian justice

In the context of substance and consequences of the constitutional principle of the court’s independence the author through the analysis of the final acts of judicial power (judicial precedents and acts of judicial interpretation of law, objectified as the resolution of the plenum) probes the current state of Russian justice alleged to be in whole has perceived and effectively implements the main elements of this fundamental idea. The author as the final conclusions of the consummated analysis on the contrary states the growing condition of legal uncertainty in the studied branch of state activity, the origins and real reasons of which, first of all, are in the apparent duality of legal positions and the final acts of the administration of justice on the same subject; in the full «independence» of a court in the administration of justice from the literal dictates of the law, acts of constitutional justice and acts of the European Court of human rights, the interpretative positions of the Plenum of the Supreme Court of the Russian Federation, from own rules-precedents which are designed to be the standards of application the law for conflict law situations. Above doesn’t agree with the essence and content of the idea of procedural independence of a court, but also clearly grades the fundamental and universally recognized idea of the supremacy of law, its certainty. Turning to the institution of judicial protection and justice as a constitutional function of a court, the parties initially have the right to depend on the legal nature of the activities of a court, normative base and, properly, predictability of the final acts of the administration of justice and not from factors of ideological, political, subjective nature which are taken to the attention of «independent», powerfully protected court. Only on this objective base interested parties will objectively perceive justice as a real and effective element of forming the legal state and civil society in the Russian Federation.