Description:
<jats:p>In this article, the author proposes for discussion the possibility of establishing an additional mechanism that will be able to determine the law to be applied at the stage of preparing the case for trial. This issue is dictated by the fact that it is crucial for the correct and timely consideration of the case on the merits. The researcher notes that the determination of the law to be applied in a particular case can be presented in several stages. The first one is to establish whether there is a legal norm at all which can be applied to the specific circumstances of the case. The second is the process of interpreting the legal norm in light of the specific factual circumstances. In this case, at each of the two stages two main methods are applied: the letter of the law and the spirit of the law, which in the sphere of judicial enforcement are always in inseparable connection. As a solution to the problem of determining the law to be applied, the author proposes to use the conclusion of a specialist and appeal for interpretation to the Supreme Court of the Russian Federation.</jats:p>