The dissertation is focused on the theoretical foundations of precedent formation in modern judicial practice. It is based on the analysis of the
experiences of countries with both common law and continental (civil law) systems, as well as on the analysis of precedent-setting judicial
practices in Ukraine. The Introduction substantiates the relevance of the chosen dissertation research topic, establishes its connection with
scientific programs, plans, and themes. It formulates the research aims and objectives, identifies the object and subject of the research, and
defines the methodological basis of the dissertation. The scientific novelty of the obtained results is articulated, their practical significance is
justified, and information about the approbation of the dissertation materials and the author's publications is provided. Attention is drawn to the
increasing relevance of scientific research on the formation of judicial precedent as part of judicial practice in light of changes occurring in the legal
policies of various countries, including Ukraine. In Chapter 1 “Theoretical and Methodological Aspects of the Emergence of Judicial Precedent”, the
genesis (history of origin) of judicial precedent, which is formed and developed within the context of actual judicial practice, is examined. “Judicial
precedent” and “judicial practice” are interconnected and related concepts. Judicial precedent has been utilized within judicial practice throughout
almost the entire history of state-legal development of humanity, and judicial practice has been closely linked to the religious (ideological) and
administrative functions of the state. In the process of legal development, under the influence of both judicial precedent and judicial practice in
general, similar national judicial-legal systems were formed, sharing common features: unity of the principles of functioning of legal systems,
similar sources of law, and comparable (closely related) legal ideas. Thus, legal systems emerged in the countries of the Anglo-Saxon and Romano-
Germanic legal families (countries of precedent and continental law). The process of forming precedent in the legal system of Ukraine, starting
from 1991, the year of Ukraine’s independence, is revealed. An analysis of the general mechanisms of the functioning of judicial precedent based
on legislative acts that established the existence of precedent judicial practice has been conducted. From this perspective, the main periods of the
formation of judicial precedent have been identified. The essential characteristics of judicial precedent, which determine the place of this
phenomenon in modern judicial practice, have been studied. It has been established that precedent, becoming an integral part of judicial practice,
comprehensively affects both the legal practice itself and the legal system as a whole, influencing legal consciousness, legal culture, and the legal
behavior of participants in legal relations. This influence is associated with the functions of judicial precedent. In the dissertation, based on a
theoretical and practical analysis of modern judicial practice, the regulatory, signaling-informational, and heuristic functions of judicial precedent
are identified. At a theoretical level, scientific studies on the introduction of judicial precedent as a source of law in the legal system of Ukraine
have been analyzed. From a theoretical standpoint, the legal nature of the decisions of the Constitutional Court of Ukraine, the Supreme Court, the
European Court of Human Rights, and the Court of Justice of the EU has been examined. It has been established that the decisions of the European
Court of Human Rights, and partially those of the Court of Justice of the EU, exhibit characteristics of a source of law in Ukraine. At the same time,
the practice of the Constitutional Court of Ukraine and the Supreme Court (decisions in exemplary cases, resolutions of the Grand Chamber of the
Supreme Court addressing "exceptional legal issues" and jurisdictional matters) possess features and functions similar to those of judicial
precedent. It has been noted that changes are occurring in modern judicial practice in Ukraine, which will lay the groundwork for a broader
implementation of judicial precedent in the future. In Chapter 2 “The Functional Role of Judicial Precedent”, the role of precedent in modern
judicial practice, legislative, and law enforcement activities is explored in depth. It is determined that judicial precedent aids the law-making
activities conducted by the entities specified in the Law of Ukraine “On Law-Making Activities” No. 3354-IX dated 24.08.2023. However, courts do
not possess legislative functions, and «judicial law-making» is a conditional term used in scientific and analytical documents to describe the special
activities of judicial bodies.
