Khoroshkovska D. The role of judicial practice in the system of sources of law of Ukraine: theoretical legal research

The thesis is devoted to theoretical legal problems of defining the role of judicial practice in the system of sources of law of Ukraine. The essential substances of concepts of "source of law" as well as "judicial practice", which are disclosed in the their historical making in different legal systems, are researched. The author formulated the own definition of the judicial practice, which involves both the judicial activity and its specific results, namely legal clauses. The detailed analysis of concept as well as types of legal clauses is made. It is stated that the legal clauses as the specific results of judicial practice are shown in the system of sources of law in any legal system. In such a way the role of judicial practice is defined in the system of sources of law. There is an analytical overview of judicial practice of national and international courts, which are admitted in national system of sources of law, including judicial practice of the Supreme Court of Ukraine, the Constitutional Court of Ukraine and precedents of the international courts recognized as the sources of law by the national legal system. It is grounded an appropriate number of changes and additions to the legislation towards Ukrainian judicial system.