Zherobkina Y. Administrative and legal bases for the implementation of case law in the justice system of Ukraine

The dissertation is devoted to the definition of administrative and legal bases for the implementation of case law in the justice system of Ukraine. The theoretical and legal aspects of the doctrine of judicial precedent are studied. The analysis of administrative and legal bases of application of case law in the domestic justice system is carried out. The administrative-legal mechanism of introduction of norms of case law in the system of domestic justice is developed. The decision of the European Court of Human Rights as a source of law in Ukraine and its positive impact on the justice system in Ukraine are studied. It is established that until the elimination of key shortcomings (significant length of court proceedings, ineffective investigation of cases by law enforcement agencies; shortcomings of judicial practice; non-enforcement of court decisions in Ukraine, etc.) the ECHR will remain a “vital” instance for Ukraine. The procedure of execution of ECHR decisions for Ukraine is characterized as the unique and individual, that it is completely different from the execution of decisions of domestic courts, enshrined in the Law of Ukraine “On enforcement proceedings”. It is substantiated that the legal nature of the decisions of the CCU is ambiguous and there is no “pure” administrative and legal status. It remains obvious that the acts of the CCU are legal acts and have a legal character, but are not normative-legal acts in the conventional sense of this category. The peculiarities of the CCU acts are determined: the presence of a special subject; acts have the status of a final decision, which is not subject to appeal; they are mandatory throughout the whole country; the special procedure of their acceptance determined by the state; act as a means of guaranteeing the supremacy of the Constitution of Ukraine, the formation and implementation of the principle of a single constitutional understanding of law.