Поняття «судова практика»: сутність, основні підходи до його визначення

Abstract

The article is devoted to the problem of understanding the concept of «judicial practice». The pluralism of views on this issue is revealed and the existing approaches to the definition of this concept are analyzed. The advantages and disadvantages of the respective approaches are outlined, and attention is drawn to the impossibility of considering the concept of «case law» only on the one hand due to its multifaceted nature. The connection between judicial practice and judicial precedent is analyzed and the approach to the impossibility of identifying the relevant concepts is substantiated. Several directions of interpretation of the researched concept are established, where according to the first, the sign of the equation between judicial practice and judicial activity is put. According to the second – between case law and legal experience. It is pointed out that the third direction combines the elements of the first two, and also emphasizes the advantages of such a disseminating interpretation. The correlation of the category «judicial practice» with related categories is investigated and its independent meaning as a concept is emphasized. The features of judicial practice and aspects of its essence are described. The author's definition of «judicial practice» is offered and its use is substantiated. The importance of the category «ECtHR practice» is emphasized for the national legal system, and therefore the relevant concept is considered through the prism of general research.