Features of Applying Judicial Precedent in the Ukrainian judicial system

Abstract

The article explores the possibility of future application of judicial precedent in the Ukrainian judicial system and the necessity of normative consolidation of its status as a source of law. Additionally, it is necessary to determine the criteria according to which judicial acts will be classified as sources of law. It is important to consider that the legal force of judicial precedent cannot be equivalent to the legal force of legislation; however, it can play a supplementary role and significantly enhance the quality and effectiveness of justice delivery. It analyzes specific works of scholars on the issue of recognizing judicial precedent as a source of law in Ukraine and its application in modern judicial practice. It is argued that the main questions arising during the investigation of the potential application of judicial precedent in Ukraine as a legal phenomenon should be analyzed through comparative analysis with legal systems where precedent is the primary source of law. It is substantiated that comprehensive and thorough research on precedent as a source of law is necessary for further improvement of the judicial system in Ukraine, driven by several reasons. Firstly, the increasing scientific interest in atypical sources of law for our country is associated with the intensive processes of Ukraine's integration into the European and global communities, as well as military actions in the country. Secondly, at the present stage, there is a significant influence of political, geographical, historical, and other factors on the legal space. The third reason for conducting research on judicial precedent is that both precedent and judicial practice are exclusively applied and legally applicable institutions directly related to the practical activities of the judicial system. It is established that unlike judicial practice, a judicial precedent, which is created by individually adopted court decisions of higher judicial instances, is a type of legal provisions developed as a result of judicial practice and one of its forms aimed at overcoming gaps in legislative regulation.