Book Introduction to the Case Law of Ukraine. Monograph

Real title: Вступ до прецедентного права України. Монографія
Product code: 1486627

Book Introduction to the Case Law of Ukraine. Monograph

Real title: Вступ до прецедентного права України. Монографія
Product code: 1486627
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Today, one of the most controversial issues in the theory of civil, administrative and economic procedural law, as well as in the field of judicial practice, is the issue of implementation of judicial precedents in modern multidisciplinary justice. In this work, the author examines the theoretical and methodological foundations for the formation of case law in Ukraine and the creation of a precedent-based model of civil, administrative and commercial proceedings on its basis.
The subjects of this area, which is new for the justice of our country, are the Supreme Court and its Grand Chamber, as well as the European Court of Human Rights, whose case law has already been recognised as a source of law in our country. These entities, in fact, create the legal basis for the introduction of a precedent-setting model of civil, administrative and commercial proceedings in Ukraine. The work makes a step away from the positivist theory of law towards "living law", where judicial law-making, as the basis of judicial precedent, is directed towards a unified law enforcement practice in the field of similar legal cases. This makes it possible to talk about strengthening the rule of law, justice and reasonableness in the justice system of our country.
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280
Published
2024
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