УДК 347.764:113                                                                                                                                                            PDF

DOI 10.37566/2707-6849-2020-2(31)-9

Nadiia MILOVSKA, 

Senior researcher of F. H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship NALS of Ukraine, Doctor of Science of Law, Associate Professor

THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL REGULATION OF INSURANCE CONTRACTUAL RELATIONS

The article is devoted to determining the concept, role and significance of judicial practice in the legal regulation of insurance contractual relations, the establishment of its characteristic features and its correlation with other sources of legal regulation of the relevant relations. It has been established that the legal regulation of insurance contractual relations represents a state-dominant influence on such relations by a combination of legal means by which specific entities (the insurer and the insured) influence the legal relationship in the insurance industry by establishing specific contractual conditions in order to consolidate relations between them in order to streamline them in accordance with the needs of society as a whole and specific entities in particular.

Legal regulation of insurance contractual relations is carried out using various legal forms that differ in the level and manner of their consolidation. In the system of sources of legal regulation of direct contractual relations on insurance, the following are distinguished: sources of normative (general) regulation (normative legal act, legal custom, judicial precedent, standard contract, general principles of law) and sources of individual regulation (specific insurance contract, the contents of which constitute the totality conditions determined at the discretion of the parties and agreed by them). In addition, on the basis of state-power nature and belonging to a certain type of social regulation, the sources of legal regulation of contractual insurance relations are: a) substantial, formal sources of law (institutional sources), which coincides with the form of law as a way of expressing the rules of conduct that are contained in the rules of law (multilevel regulatory legal acts in the field of insurance); b) the totality of social regulators (extra-legal sources), which are characterized by direct or indirect recognition by their state of regulators of insurance relations, which are constituted by the customs of business turnover, moral standards; c) judicial practice, which is characterized by a combination of institutional, non-legal sources and contractual self-regulation.

It is noted that judicial practice is the result of judicial regulation, affects the practice of law enforcement, the actual formation of insurance relations in society, changes in insurance legislation and occupies an important place in social regulation.

Key words: judicial practice, legal regulation, insurance contractual relations, sources of legal regulation, non-legal sources, social regulators.

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