Judicial practice as a source of law in the administrative court proceedings
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue
Abstract
The states of scientific research of the problem of sources of law in administrative legal proceedings are researched in this article. National Courts should interpret the law of Ukraine during the proceedings. In the vast majority of scientific works, judicial practice and judicial precedent sources of law, in their formal legal sense, are not recognized. Elements of the present interpretation formulated in the reasoning of the court judgments and decisions in which the Court explained that the rule of law and for any reason should be applied when considering specific disputes. The relevant court interpretation summarized higher judicial authorities and launches a source of law, as а decision of the Supreme Court. The features of the judicial precedent in administrative proceedings are the rulings of the Supreme Court, which contain conclusions on the application of the rules of law.
Authors and Affiliations
V. V. Ilkov
Keywords
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- EP ID EP524994
- DOI 10.31733/2078-3566-2018-2-95-97
- Views 108
- Downloads 0
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