Precedents in the administrative legal proceedings
Journal Title: Прикарпатський юридичний вісник - Year 2016, Vol 1, Issue
Abstract
The article is devoted to the category of precedent as a source of law in administrative proceedings. It is proved that through the convergence of legal systems updated question of the application of judicial precedents in the Romano-Germanic legal family. We consider the concept, features and essence, the legal basis of precedents in the administrative proceedings. Analyzed individual judgments of the European Court of Human Rights, which were applied by the national courts as a precedent. It demonstrated that the precedents of administrative proceedings are used not only in the courts of first instance and appeal, but also in the decisions of the Supreme Administrative Court of Ukraine. Identify existing obstacles to the introduction of a precedent in the Ukrainian legal system. Identify positive and negative implications of the precedents in national sources of law system.
Authors and Affiliations
Н. В. Коваленко, К. А. Кулінич
Keywords
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