Tsvigun, I.
(2024).
The impact of precedent on the development of Ukrainian Private Law Suggested.
Law, Policy and Security,
2(1),
58-73.
https://doi.org/10.62566/lps/1.2024.58
ISSN 2786-8761 e-ISSN 2786-877X UDC 34
Article
The impact of precedent on the development of Ukrainian Private Law Suggested
Received 02.02.2024, Revised 09.05.2024, Accepted 30.06.2024
Abstract
The relevance of the research is determined by the search for a flexible legal mechanism that would contribute to the development of private law under the influence of technology. The use of precedent as a source of law can create opportunities for the formation of such an instrument that will not violate the traditions of continental law, but will expand the horizons of thought under the influence of current and future innovations. The purpose of the research was to determine the place and role of precedent in the legal system of Ukraine and its influence on the development of private law. The research is based on a complex approach, which includes several main methods, namely: methods of analysis and synthesis, systemic-structural, formal-logical, and the method of legal hermeneutics. The article highlights the role of precedent in the development of private law in Ukraine. The influence of the decisions of the Constitutional Court of Ukraine, the Supreme Court and the European Court of Human Rights on the country's legal system is considered, especially in the context of European integration processes and the constant development of legal standards. It is highlighted how legal norms are formed and applied in Ukrainian justice, as well as how court decisions affect legal practice and the legislative process. It is noted that the decisions of the Constitutional Court of Ukraine, the Supreme Court and the European Court of Human Rights play a key role in the formation of legal doctrine and practice in Ukraine. It is emphasized that in Ukraine there is a form of precedent law, the nature of which differs from the classical understanding of precedent in the Anglo-Saxon systems. Decisions of the Supreme Court can be considered a continental form of law enforcement precedent, although they formally do not have the status of directly binding precedents. This allows us to state that case law in its Ukrainian model functions and is focused on the development of the legal system, the main role of which is the formation of a unified and effective legal practice. It is concluded that the development of technology not only changes the paradigm in the economy and society, but also poses new challenges to the legal environment. In this context, judicial precedent acts as an important tool for adapting legal regulation to modern realities, ensuring stability and progress in the field of private law. The results of the research can be used for further scientific developments in the field of development of private law aimed at the development of new legal concepts and tools, as well as for application in law enforcement practice
Keywords:
court decision; Supreme Court; Constitutional Court; European Court of Human Rights; case law; the Anglo-Saxon legal system; continental legal system
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