CONCEPTUAL APPROACHES IN DETERMINATION THE NOTION OF JUDICIAL PRACTICE AS A SOURCE OF LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article studies theoretical legal aspects of judicial practice as a source of law and analyzes fundamental approaches in determination the concept. The features of formation of judicial practice as a source of law are examined. The author’s interpretation of the notion of «Judicial practice» is proposed and the basic properties of the phenomenon are explained. Having analyzed approaches to judicial practice conception as a source of law, it has been established that: 1) judicial practice is a result of judicial activity in the consideration of a particular case or generalized result of some case category; 2) contains in its determination legal statuses, legal positions, principles, propositions of law, definitions; 3) judicial practice is obligatory for application by all court instances; 4) judicial practice published in special collections, official editions. The dynamics of judicial practice of higher courts of Ukraine are investigated. The results of the research of the signs of judicial acts as well as the possibilities of the confession of the practice of higher courts of Ukraine as the sources of law in Ukraine are stated. Trends of judicial practice as a source of law in Ukraine are characterized and analyzed. Revealed legal mechanisms of the application of domestic law courts in the state.
Authors and Affiliations
Н. Д. Слотвінська ,
Keywords
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