Legal nature of judicial practice as a type of legal practice

Abstract

Development and modernization are characteristic of all processes and phenomena, including state and legal processes. In accordance with the generally accepted approach in the theory of state and law, the law-making func-tion must exist in the highest state bodies according to their competence within the system of division of state power into legislative, executive and judicial branches. This approach leads to the need to analyze the state of courts in Ukraine and their decisions as documents that are part of the system of sources of law. As a result of such analysis, it can be argued that there is a possibility and need to recognize the existence of special forms of judicial activity - judicial lawmaking, which is manifested in the quality and effective formation of the judicial practice.The need for recognition of judicial lawmaking, which complements the provisions of current legislation of Ukraine, currently exists in our country. This process would give more flexibility to the whole system of sources of law, prestige and mandatory observance of the law due to its stability, efficiency, quality and immutability for a long time, “unload” the subject of legislation and help him find new methods and instruments for settling public relations and resolving disputes over law in various areas of law.Thus, it is extremely necessary today for research and analysis and analysis, which are related to outlining the place and legal nature of judicial practice and the whole process of lawmaking, analysis of the relationship of judi-cial practice with other types of legal practice, as well as identifying features and specifics of legal regulation in this area, justification of the existence of judicial practice as a source of law in Ukraine.