Holovatyi V. Unification of judicial practice: general theoretical characteristic

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U000550

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-12-2017

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The thesis is devoted to identification of general regularities of unification of judicial practice, of its features in the continental, general, international type of legal systems and the legal system of Ukraine. The basic and optional ways of unification of judicial practice are revealed - unified judicial practice, the definition of their concepts is formulated and the stages of its implementation are identified. Here is characterized similarities and differences of the unification of judicial practice of the continental, general, international type of legal systems, are distinguished its features in them. The problems of unification of judicial practice in Ukraine, in particular, the lack of a scientifically substantiated domestic case law theory, including unification of judicial practice, have been identified; legalization of the concepts: "unification of judicial practice" and "judicial precedent" in national legislation; a regulatory act that would define the rules for the unification of judicial practice in Ukraine; the use of a largely optional, but not the main method of unification. Proposals have been developed to improve the unification of judicial practice, in particular in the context of reforming the modern judicial system of Ukraine.

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