Shevchuk S. General Theoretical Problems of Normativity of the Judicial Power Acts.

This dissertation deals with the peculiarities of formation and extending of normative influence of the judicial power acts, researching the demonstration of normativity in the system of the judicial legal acts. It is completed considering general theoretical concepts of normativity, and basic tendencies of normative influence strengthening are researched considering modern theory of judicial precedent, the classification of the judicial acts and judicial precedents is presented. Besides the historical origin of normativity of the judicial power acts is analyzed, the phenomenon of normativity of the judicial power acts concerning basic law schools, as well as the evolution of opinions on this phenomenon in national doctrine are researched. The demonstration of normativity in the conditions of constitutional democracy and in the context of judicial application of the principals of law is considered. The specific character of interpretating acts of the judicial power in the context of their normativity as well as the basic concepts of limitation of the normative potential of the judicial power acts are studied. Foreign countries experience on the admission of normativity of the judicial legal acts, methodological basis of the precedent law, its structure and procedures in anglo-saxon and continental law group, in the doctrine and practice of the Russian empire and the USSR, and in the international law are under research. The demonstration of normativity in the system of the judicial power legal acts of Ukraine, and particularly acts of the Constitutional Court of Ukraine (their legal standards), plenary session resolutions of high courts and important decisions of courts on specific cases are the subject of study and research. Scientific conclusions aimed at the recognition of normative influence of the judicial power acts are formulated. It will stipulate the improvement of the process of law formation, the strengthening of the independence and effectiveness of the judicial power and also guarantee the unanimity of judicial practice.