Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Judicial Practice as a Pre-Condition for Preventing Contradictory Judicial Decisions

Author(s): Mariia Kolesnikova, Elena Kiselyova, Oksana Vasylchenko, Liudmyla Svyrydova, Daria Kibets

The article is devoted to the study of the judicial practice essence as a pre-condition for preventing contradictory judicial decisions. It is made the analysis of recent publications and researches on the specifics of judicial practice, classification of judicial practices, advantages and risks of the judicial practice existence as a source of law. It is released the features of the judicial practice use in the activity of the European Union Court, the European Court of Human Rights, noted at the same time the feasibility of a systematic updating of the judicial practices, which is associated with the society development, the change of the legal regulation of social relations. It is noted that States that have ratified the Convention for the protection of human rights and fundamental freedoms have undertaken to use the practice of the European Court of Human Rights as a judicial practice. It is established that one of the potential innovations of the judicial reform of Ukraine is the introduction of the Institute of exemplary decisions to reduce the burden on judges, ensure the unity of law-enforcement practice, rapid and uniform solution of similar cases, which also indicates the possible use of judicial practice in Ukraine. It is noted that the primary questions that require answers are still determining the subject authorized to create judicial practices, establishing the legal bases for the existence of judicial practice, since ignoring these aspects will lead to the fact that judicial practice as a source of law negatively affect the quality of justice, will slow down the development of the state as democratic and legal.

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