Article | The Judicial Lawmaking in the Context of Judicial Reform in Ukraine |
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Authors | Malyshev B. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2017 |
Pages | 34 - 38 |
Annotation | The article points out that at present in the legal system of Ukraine there is a judicial lawmaking in the form of generally binding decisions of the Supreme Court, which have many similarities to the judicial precedent, and also in the form of quasi-precedents: a) decisions of the Constitutional Court of Ukraine on the recognition of regulatory legal acts as unconstitutional and with official interpretation; b) decisions of administrative courts on the abolition of by-law regulations on the basis of their inconsistency with the statute. The conclusion is drawn that justice and judicial lawmaking do not contain mutually exclusive elements. Judicial lawmaking is subordinated to the goal of justice (to resolve a legal dispute on the basis of law and on the basis of the requirements of the principles of justice, equality, freedom and humanism), and is one of the ways to achieve it. |
Keywords | Legal system of Ukraine, judicial lawmaking, judicial precedent, quasi-precedent |
References | |
Electronic version | Download |