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Vasyl ILKOV,

Judge, the Dnipropetrovsk District Administrative Court, Teacher of the National School of Judges of Ukraine, Doctor of Law, Assistant Professor

JUDICIAL PRACTICE AS A SOURCE OF LAW IN ADMINISTRATIVE PROCEEDINGS UKRAINE: CONCEPTS AND FEATURES

The publication is dedicated to the formation of judicial practice in the area of administrative justice in Ukraine. Judicial practice becomes as a source of law in Ukraine. The interpretation of the law is carried out by the court during the trial. This interpretation is made in judicial decisions. These judgments clarified what the law, and what the motives were used in this way and not otherwise. Later judicial practice is generalized by higher courts and the Supreme Court. Opinion of the use of law is set forth in the decision of the Supreme Court.

This ruling of the Supreme Court concluded that bind all government entities.

Opinion on the application of the rights set forth in the decision of the Supreme Court, other courts have considered the application of the law.

Derogate from the legal position of the Supreme Court is only possible while providing the relevant reasons.

The Code of Administrative Procedure is in force to change. There will be a new procedural mechanism to review the typical cases. In such cases, the relationship of the parties and the legal rules that they are regulated, are similar. The Supreme Court will make the decision in one of the typical cases. This will be an exemplary case.

This procedure was developed following the example of «pilot decision» taken by the European Court of Human Rights. Implementation procedures specified in the administrative procedure may provide an opportunity to reduce the burden on judges to ensure unity of law enforcement and facilitate rapid consideration of a large number of similar cases.

Judicial practice is important to consider as a separate source of law.

Key words: judicial practice, a source of law, administrative courts, public litigations, the Supreme Court of Ukraine, Supreme Court, a typical case, an exemplary case.

References

The Constitution of Ukraine of June 28, 1996, ed. from 09/30/2016. URL: http://zakon3.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. [ukr.]

Yavich L. S. The essence of law (socio-philosophical understanding of the genesis, development and functioning of the legal form of social relations). L., 1985. 208 p.[russ.]

Code of Administrative Procedure of Ukraine: text adopted by the Verkhovna Rada of Ukraine on July 6, 2005 (as amended on September 1, 2015) / Supreme Administrative Court of Ukraine. K .: VAITE Company LLC, 2015. 208 p. [ukr.]

On the Judiciary and Status of Judges: Law of Ukraine of June 2, 2016 No 1402-VIII. URL: http://zakon3.rada.gov.ua/laws/show/1402-19/conv. [ukr.]

Nechitaylo O. M., Polyanychko A. A. Judiciary in the Supreme Court of Ukraine: with the opinion of citizens?. URL: http://jurliga.ligazakon.ua/news/2016/7/28/ 148677.htm [ukr.]

Draft Law on Amendments to the Economic Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Judiciary of Ukraine and other legislative acts (Reg. No 6232 of 23.03.2017 ed. President of Ukraine). URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61415. [ukr.]

Code of Administrative Justice Regulatory Part - Council of State decrees (Most recent version of text 3 October 2013 - Document generated 11 November 2013) P.3, 41. URL: http://www.fondation-droitcontinental.org/fr/ wp-content / uploads / 2014/06/51739-CJA-partie-r% C3% A9glementaire-Copie.pdf. [ukr.]