The dissertation is the first domestic comprehensive monographic study (carried out after the constitutional reform of justice in 2016-2017) of the theoretical foundations of judicial enforcement of Ukraine as a special process of practical achievement of the rule of law in the daily activities of courts. At the monographic level with the help of special methodological tools (dialectical, hermeneutic, prognostic, comparative-legal, formal-logical methods, modeling method, correlation decomposition, complex analysis, intersectoral method of legal research, logical methods (abstraction, analysis, synthesis, induction, deed , extrapolation, modeling) and others) revealed the theoretical foundations of judicial law enforcement in a broad sense - as a theoretical and legal model. The nature of modern legal understanding as a theoretical basis for the formation of judges' thinking is clarified, the specifics of law enforcement and the role of judicial law enforcement in the mechanism of legal regulation are studied.
At the theoretical level, the manifestation of judicial enforcement as a procedural form (specific type) of law enforcement is established, as well as the aim and purpose of judicial enforcement is revealed. The paper also attempts to clarify the differentiation of judicial law enforcement activity and to determine the principles of judicial law enforcement and to characterize the stages of judicial law enforcement. Particular attention is paid to clarifying the essence of legal knowledge in the process of judicial enforcement and discloses legal arguments in the procedure of substantiation and motivation of court decisions. The essence of interpretation of legal norms during judicial law enforcement is studied and court decisions as a result of law enforcement activity of court are defined. According to the results of the reform of 2016-2017, the development and importance of judicial lawmaking in judicial law enforcement is outlined and a theoretical and legal model of judicial supremacy as a practical way to ensure the rule of law in the courts. The model is based on the reception of the best achievements of a similar (but not identical) concept of judicial supremacy in common law, in particular in US law, the theory of continental legal systems and which includes the opening of proceedings by the Court of Cassation, consideration of cases or referral. UC SC or HC SC, consideration of an exclusive legal problem, establishing the content of the rule of law or its true meaning, overcoming gaps in law and legal act, resulting in a legal conclusion (legal position on the correct application of substantive law) in the decision of the Supreme Court as a convincing precedent. The author's definition of judicial supremacy is formulated: a special law enforcement process at the highest state level (implementation of the privileged power of the Supreme Court, which is closely related to the judicial law-making role in the official interpretation of the correct application of substantive law (rarely - procedural) norm of law as a legal ideal and a specific law enforcement situation, as well as to make a court decision on the basis of the rule of law, which will contain a convincing precedent with a sign of appropriate regulation.
