Abstract
This article is primarily concerned with investigating whether and to what extent legal doctrine actually influences judicial decision-making process in Ukraine and others countries. It is concluded that legal doctrine not only assists judges, but somehow restricts their exercise of discretionary power.
Highlights
V. The use of legal doctrine in judicial reasoning nations presupposes the application of European and international principles and standards of a law-governed democratic state
Following the Euromaidan rallies and the «Revolution of Dignity» (2013–2014) the social demand of Ukrainian society for such changes and reforms has significantly increased. This is especially true for those segments of social life and state policy, which on the one hand, are systemically important, and on the other – comprise ineffective archaic elements that are largely inherited from the Soviet past, and are inconsistent with democratic institutions, principles and values
It is important to note that judges in civil law systems, facing theses defects do not create fundamentally new legal rules – judicial lawmaking takes place in a hidden form
Summary
V. The use of legal doctrine in judicial reasoning nations presupposes the application of European and international principles and standards of a law-governed democratic state. In 2016 an international conference was held, where Ukrainian judges, legal scholars and international experts discussed the topical issues of judicial lawmaking in the mechanism of ensuring the rule of law in modern conditions of reforming justice in Ukraine.
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