Judicial decisions as a source of law

Volodymyr Reshota, Halyna Zabolotna, Olena Reshota, Natalia Hliborob, Roman Dzhokh
2022 Cuestiones políticas  
The article deals with the question of the legal nature and essence of the judicial acts of the Ukrainian courts as a source of law. It also analyzes the notion and characteristics of the sources of law according to academics. Particular attention is paid to the investigation into whether the decisions of the Ukrainian courts can be defined as a precedent and whether they have, in turn, binding force for all people. Therefore, the analysis of the legal nature of the decisions of the European
more » ... rt of Human Rights, the Constitutional Court of Ukraine, the Supreme Court, and the administrative courts was of interest. The study used general and special scientific methods, the basis of which is the application of the results of theoretical research and other generalized information on the sources of law in Ukraine. The authors conclude that these decisions have a different nature than the judgments of the common law system. Although some judicial decisions of Ukrainian courts tend to possess some elements of precedent and are binding, not only for the parties to the case but for all people. This makes it possible to characterize these judicial decisions as complementary sources of law.
doi:10.46398/cuestpol.4072.19 fatcat:ahb5lmsw3vghlopopztvhc5ft4