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VasylILKOV,

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

THE SUPREME COURT’S DECISION AS A SOURCE OF LAW IN ADMINISTRATIVE LEGAL PROCEEDINGS IN UKRAINE: NOTIONS AND PECULIARITIES

The publication is devoted to the concept and peculiarities of the decision of the Supreme Court as a source of the law of administrative legal proceedings in Ukraine. During the trial, the interpretation of the rules of law is carried out by the court. The essence of such an interpretation is reflected in the decisions of the Supreme Court, which explains which norms of law, and from which motives were applied precisely in this way the relevant rules of law. Subsequently, the jurisprudence is summarized by the Supreme Court.

The decision of the Supreme Court becomes as a source of law in Ukraine. The interpretation of the law is carried out by the court during the trial. 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.

The Code of Administrative Procedure is changed. There is 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 and similar. The Supreme Court will make the decision in one of the typical cases. This will be an exemplary case.

The conclusion on the application of the rules of law set forth in the decision of the Supreme Court is binding on all subjects of power that apply in their activities a normative legal act.

It is important to consider the Supreme Court’s decision as a separate source of law.

Key words: decision of the Supreme Court, a source of law, a conclusion on application of the norms of law, administrative courts, the Supreme Court, a typical case, an exemplary case.

References

Constitution of Ukraine of June 28, 1996 No. 254k / 96-VR, ed. from 09/30/2016       URL:http://zakon3.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1-%80/conv. [ukr.]

Code of Administrative Procedure of Ukraine of 06.07.2005 No 2747-IV, ed. from 05/05/2018 URL: http://zakon5.rada.gov.ua/laws/show/2747-15. [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. [ukr.]

Order of the Supreme Court of 01.02.2018, No. Pz / 9901/8/18 (Case No. 820/6514/17). URL: https://supreme.court.gov.ua/supreme/pro_sud/zrazkova-sprava/uhvaly-zs [ukr.]

Learn, Learn ...: Educators and the Supreme Court held a two-day workshop on new processes. March 20, 2018 URL: http://jurliga.ligazakon.ua/news/169147. [ukr.]