Article | On Issues of Ensuring the Unified Law Application by the Supreme Court of Ukraine |
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Authors | Tsurkan M. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3-4 / 2013 |
Pages | 422 - 429 |
Annotation | The article is a survey of challenges concerning ensuring law application unity by higher judicial authorities. The author conducts an analysis on the role of the Supreme Court of Ukraine as the key element of the system aimed at ensuring legitimate protection of persons’ violated rights and interests, and suggests the ways of the above-mentioned ensuring. He refers to procedural and non-procedural mechanisms of ensuring unified law application. The author justifies the statement concerning the necessity to extend procedural authorities of the Supreme Court of Ukraine namely such as a right to make a model decision, right for a response to judicial inquiry. He suggests the highest judicial body to be returned an efficient non-procedural instrument namely the possibility to generalize case law and give advisory explanations to courts. According to the author’s statements the Supreme Court of Ukraine should be the «arbitrator» in issues concerning case distribution to the appropriate court specialization. |
Keywords | case law unity, law application, legal opinions, advisory explanations. |
References | |
Electronic version | Download |