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Andriy MALYEYEV,

Judge , the Court of Appeal of Ivano-Frankivsk region, teacher of the National School of Judges of Ukraine

SOME PRACTICAL QUESTIONS OF REALIZATION OF THE DECISIONS OF THE SUPREME COURT, ACCEPTED OF GROUNDS OF DIFFERENT APPLICATIONS OF RIGHT

The leading theme of the article are possibility and necessity of formulation and use of legal precedents as decisions of the Supreme Court of Ukraine, accepted from the grounds of different application of right. The necessity of statement of this question is predefined by the system crisis of creation and application of identical judicial practice, and also absence of mechanisms of realization of the adopted institutes of right. In the article the elements of case-law are analysed rights that found the expression in a national legislation, and also the review of this question is driven to the scientific sources. The special attention is taken to the tool of decision and cooperation of factual signs of vital situations and signs of norms of right for forming of precedent. Own approach of working out in detail of structure of distorted norm of decision of Supreme Court that will maybe use as an instrument for the operating necessities of dispatch of judicial businesses offers an author. For this purpose it is suggested to examine a court decision as form of transformation of datains in a weekend, where a distorted normis examined as interpreter of entrance descriptions, when «words answer the world» in a weekend, when the «world answers words».

Application of logical forms, on persuasion of author, will allow to describe procedures of transformation of one data in other programmatic facilities, and together with creation of the single informative system of courts will do judicial practice logically nonconflicting, exact and forecast. A novelty of such approach is in that he walks away from traditional ideas about methodologies of enforcement and oriented to the wide application of the newest information technologies after that there is the future.

Key words: rule of law, legal precedent, case-law of courts, source of law, model of fairness for judgments, identification of case facts, special characteristics for identification, structure of the norm, formalization of judgments.