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

Abstract

Place of Court Precedent in the System of Law of the European Union and in the System of Law of Ukraine

Author(s): Viktor Beschastnyi, Serhii Shkliar, Andrii Fomenko, Natalia Obushenko, Larysa Nalyvaiko

The authors investigated the place of court precedent in the system of law of the European Union and in the system of law of Ukraine. In particular, the essence of court precedent is reveal by analyzing the positions of scientists to determine this concept and its features. Restored the law basis for the activities of the European Court of Human Rights and the International Court of Justice. Seen features of the use of court precedent in the use of law in countries of general and continental law, namely in England, Germany, France. The problems of the place of court precedent in the Ukrainian national system of law in the framework of modern euro-integration processes are investigated. The features of the implementation of the case-law if the European Court of Human Rights in the national Ukrainian legislation in the context of its adaptation to European Union law in the context of European integration are clarified.