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22 J. Legal Ethical & Regul. Isses 1 (2019)
Place of Court Precedent in the System of Law of the European Union and in the System of Law of Ukraine

handle is hein.journals/jnlolletl22 and id is 1172 raw text is: Journal of Legal, Ethical and Regulatory Issues PLACE OF COURT PRECEDENT IN THE SYSTEM OF LAW OF THE EUROPEAN UNION AND IN THE SYSTEM OF LAW OF UKRAINE Viktor Beschastnyi, Donetsk Law Institute of the Ministry of Internal Affairs Serhii Shkliar, Arzinger Law Firm Andrii Fomenko, Dnipropetrovsk State University of Internal Affairs Natalia Obushenko, Dnipropetrovsk State University of Internal Affairs Larysa Nalyvaiko, Dnipropetrovsk State University of Internal Affairs ABSTRACT The authors investigated the place of court precedent in the system of law of the European Union and in the system of law of Ukraine. In particular, the essence of court precedent is reveal by analyzing the positions of scientists to determine this concept and its features. Restored the law basis for the activities of the European Court of Human Rights and the International Court of Justice. Seen features of the use of court precedent in the use of law in countries of general and continental law, namely in England, Germany, France. The problems of the place of court precedent in the Ukrainian national system of law in the framework of modern euro-integration processes are investigated. The features of the implementation of the case-law if the European Court of Human Rights in the national Ukrainian legislation in the context of its adaptation to European Union law in the context of European integration are clarified. Keywords:Source of Law, Court Precedent, European Court of Human Rights, UN International Court, Human Rights Convention. INTRODUCTION The increasing role of court precedent together with legal acts, are explained by the possibility of filling in gaps in legislative regulation by quickly responding to shifts in the process of regulating public relations. The law systems of countries where court decisions have traditionally been recognized as a major source of law are attributed to the British-American system of law. In the European continental tradition, the production of law falls within the competence of the legislature, whereas the exercise of the judiciary is linked to the application of law. It is obvious that the legislature cannot regulate the issues of economy, society, the world in all individual cases, but sets general rules. Thus, the question of legal certainty and fairness in the application of the law becomes important. In the Member States of the European Union, the ways in which national and European laws are interpreted by courts are characterized by their own peculiarities. In doing so, interpretation of the law is important in terms of the functionality and efficiency of any judicial system (Oppermann, 2018). 1544-0044-22-6-447 Volume 22, Issue 6, 2019 1

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