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PetroZARUBA,

Judge, the Darnytsia District Court of Kyiv, Lecturer of the National School of Judges of Ukraine, Candidate of Law Sciences, Senior Fellow

CRIMINAL-LAW DOCTRINE AND CASE LAW: A COMPLEMENTARY RELATIONSHIP

The article analyzes the concept of criminal-legal doctrine proposed by researchers of this problem, as well as formulates the actual definition of criminal-law doctrine in view of the purpose of a scientific article. Also, a fragmentary historical review of the use of legal doctrine has been made, from the time of the Roman Empire to the modern times of Great Britain.

The paper analyzes the approaches of scientists to determine the concept of judicial practice. Based on the analysis of historical experience, the author comes to the conclusion that the legal doctrine is applied in judicial practice, regardless of the legal system of a country, as well as the justification of the use of legal doctrine in judicial practice.

The author believes that the question of the justification of the necessity of using the criminal-law doctrine in judicial practice is in the plane of proper and additional motivation of a court decision in criminal proceedings, its fairness and comprehensiveness for the parties to such proceedings.

The grounds for using the criminal-law doctrine in the judicial practice are formulated taking into account the analysis of the current criminal legislation of Ukraine.

In addition, the ways of using the criminal-law doctrine in judicial practice are proposed.

According to the results of the study and its purpose, the author believes that the formulation of the content of the outlined problem and suggestions on the ways of its solution, can immediately and significantly affect the judicial practice, but rely on the actualization of professional discussion, as well as the spread of the use of criminal legal doctrine in court decisions , which will undoubtedly reinforce their argumentation, will contribute to the deepening of the complementary relationships of science and practice.

Key words: criminal law doctrine; arbitrage practice; the grounds for the use of criminal law doctrine in judicial practice.

References

Mitrofanov I. I. The Criminal Law Doctrine: From the Definition of a Concept to the Clarification of a Role in the Mechanism of Criminal Liability. Bulletin of the Kremenchuk National University named after Mikhail Ostrogradsky. 2014. Vol. 3 (86).[ukr.]

Kostenko A. N. Criminal Law Doctrine of Ukraine (Development Problems). Scientific Notes of Kharkiv University of Law and Law. 2004. No 1. [ukr.]

E. Polyansky Legal doctrine as a basic concept of law: nature, structure, meaning. Scientific works of the National University "Odessa Law Academy". T. 17 / heads. ed. M. V .Afanasyev; MES of Ukraine, OUA. Odessa: Law. 2015[ukr.]

Mazur M. V. Judicial practice as a source of law: the problem of definition. Forum right. 2011. No 3. URL http://www.nbuv.gov.ua/e-journals/FP/2011-3/11mmvpvp.pdf. [ukr.]

Khoroshkovska D. Y. Role of judicial practice in the system of sources of law of Ukraine: theoretical and legal research: author. diss. ... Cand. lawyer. of sciences. K., 2006. 20 c. [ukr.]

Semenikhin I. V. Citation by the judges of scientific sources: domestic and foreign experience. Theory and Practice of Law. 2015. Vol. 1 (7). [ukr.]

Puhan I. Roman Law: A Basic Textbook / Ivo Puhan, Mnpjana Polenak-Akimovska. 2nd ed. Skopje: Faculty of Law, 1996. 434 p. URL: http://jurisprudence.club/istoriya-prava-uchebnik/zakon-tsitirovanii.html. [russ.]

Kutsevich M. The place of doctrine in the system of sources of criminal law of Ukraine. Bulletin of Taras Shevchenko National University of Kyiv. Law. 2011. Iss. 86. [ukr.].

Evgrafova E. P. Investigation of legal doctrine in the context of the system of sources of law. Law of Ukraine. 2011. No 1. [ukr.]

Leger R. The Great Legal Systems of Modernity: A Comparative Legal Approach / trans. with fr. A. V. Gryadov. M .: Walter Clover, 2010. 592 p.[russ.]

Vereshchagin A. N. Ways to improve law-making activity of the Supreme Arbitration Court of the Russian Federation. Bulletin of the Supreme Arbitration Court of the Russian Federation. 2013. No 6.[russ.]

Antipov V. I. Crime classification and punishment system: interconnection and contradiction. Bulletin of the Criminal Law Association. 2018. No 1 (10).[russ.]

Zadorozhnyi Y. A. Roman law - doctrinal basis of law and legal science in the countries of the Romano-German legal family and Ukraine: diss. ... Cand. lawyer. of Sciences / KNUVS. K., 2008.[russ.]

Parkhomenko N. P. Sources of law: problems of theory and methodology: monograph. K.: Law. opinion, 2008. [ukr.]

Thank-Fateeva I. V. A Doctrinal Interpretation. Bulletin of the Academy of Law Sciences of Ukraine. 2005. No 1. [ukr.]

M. Onishchuk: "Proper professional training of candidates for the position of judge is an indispensable condition for the exercise of competent justice." URL: https: //lexinform.com.ua/dumka-eksperta/mykola-onishhuk-nalezhna-profesijna-pidgotovka-kandydativ-na-posadu-suddi-ye-neodminnoyu-umovoyu-zdijsnennya-kompetentnogo-sudochynstva/. [ukr.]