Administrative and legal status of decisions of the supreme court through the prism of the development of case law in Ukraine
AbstractIn recent years’ modernization and reform of the judiciary has become one of Ukraine’s key tasks. The events of 2013-2014, called the Revolution of Dignity, exacerbated the existing problems of judicial and legal reform, as well as slowed down effective reform measures in this area. Under such conditions, the executive and legislative bodies had to act in the direction of reforming and adapting the judicial system to generally accepted European norms and standards. Since 2014, a number of progressive laws on the functioning of the judiciary and the administration of justice in the state have been approved. And in 2016, the judicial system in Ukraine was reformed: the Supreme Court of Ukraine, the Supreme Administrative Court of Ukraine, the Supreme Economic Court of Ukraine, and the High Specialized Court of Ukraine for Civil and Criminal Cases were terminated and subsequently liquidated. Instead, all functions, tasks and powers to consider the case as a court of cassation were assigned to the newly created Supreme Court. One of the preconditions for judicial reform in Ukraine was the overburdening of the Supreme Court of Ukraine and higher specialized courts, which violates the right to a fair trial within a reasonable time, which is enshrined and guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. In accordance with Art. 17 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the judicial system in Ukraine consists of the Supreme Court, appellate courts, local courts. At the same time, the highest court in this system is the Supreme Court. Along with such innovations in the structural and functional characteristics of the judiciary in Ukraine, there is a tendency to the possibility of future recognition of decisions of the Supreme Court – the official source of law in the country. The article reveals the issue of determining the administrative and legal status of decisions of the Supreme Court in Ukraine, outlining key theoretical and practical conclusions over the years of judicial reform. Emphasis is placed on the development of the peculiarities of the Anglo-Saxon legal system in the state and the development of case law.
2. Slotvinska N.D. Sudova praktyka yak dzherelo prava [Judicial practice as a source of law] (PhD Thesis), Lviv, Lviv State University of Internal Affairs, 2016. 203 p.
3. Informatsiine ahentstvo «Interfaks-Ukraina». VS za 1,5 rokiv ukhvalyv lyshe 6 zrazkovykh rishen, ale vony daly vidchutnyi efekt i vyrishuiut odrazu kilka problem [Interfax-Ukraine News Agency. The Supreme Court has made only 6 exemplary decisions in 1.5 years, but they have had a tangible effect and solve several problems at once]. Access mode: https://ua.interfax.com.ua/news/general/593933.html
4. Popov Y.Y. Pretsedentne pravo u konteksti zahalnooboviazkovosti sudovykh rishen ta ukrainski perspektyvy [Case law in the context of universally binding court decisions and Ukrainian perspectives]. Law Forum. 2010. №3. P. 351-363.
5. Law of Ukraine “On the Judiciary and the Status of Judges” dated 02.06.2016 401402-VIII. Access mode: https://zakon.rada.gov.ua/laws/show/1402-19
6. Recommendations of the III International Judicial and Legal Form “Judicial Reform in Ukraine: European Vector” (Kyiv, March 19-20, 2015). Bulletin of the Supreme Court of Ukraine. 2015. № 5. P. 12–13.
7. Ohneviuk H. Z. Oboviazkovist rishennia sudu yak skladova pryntsypu pravovoi vyznachenosti [Binding of a court decision as part of the principle of legal certainty]. Journal of Kyiv University of Law. 2015. №2. P. 171-175.
8. Lymar I.V. Reforma systemy vykonannia sudovykh rishen: peredumovy ta perspektyvy rozvytku [Reform of the system of execution of court decisions: preconditions and prospects of development]. Problems of legality. 2018. № 143. P. 90-98.
9. Zozulia N. Chy oboviazkovo sudam vrakhovuvaty pravovi pozytsii VSU i khto mozhe vid nykh vidstupaty: teoriia ta praktyka [Is it obligatory for courts to take into account the legal positions of the Supreme Court and who can deviate from them: theory and practice]. Access mode: https://protocol.ua/ua/chi_obov_yazkovo_sudam_vrahovuvati_pravovi_pozitsii_vsu_i_hto_moge_vid_nih_vidstupati_teoriya_ta_praktika/
10. Consultative Council of European Judges (CCJE). The uniform application of the law (Opinion No. 20) [Electronic resource]. – Access mode: http://www.coe.int/t/dghl/cooperation/ccje/textes/Travaux20_en.asp
Abstract views: 58 PDF Downloads: 36