The purpose of the article is the determination of the role of legal conclusions of the SC in providing the principle of legality. For implementation of this purpose the following tasks were ...performed: 1) justification of the thoughts that the legal conclusions of the SC in the modern conditions are characterized by the numerous number of signs of court precedent; 2) proving the constantly increasing role of legal conclusions of the SC in providing of the implementation of the principle of legality; 3) determination of the expanded content of the principle of legality based on the obligation of the subjects of authority to take into account the legal conclusions of the SC in their activity.
During the study of the topic of the article, the author analyzed the works of scientists who pay attention to the study of the role and significance of legal conclusions of the Supreme Court in the activities of subjects of power as N. Zozulia, O. Kibenko, M. Sambor, M. Shumylo and others. Some questions connected with the determination of the role of legal conclusions of the Supreme Court in ensuring the unity of judicial practice, were investigated by the author of this article when compiling the "Compendium of Legal Positions of the Supreme Court for lawyers" and developing the content part of the analytical and legal system ZakonOnline (Kibenko, 2022). Nevertheless, in modern legal science there is still a list of unsolved issues in the sphere of the role definition of legal conclusions of the Supreme Court in providing of the principle of legality.
Based on the conducted research, it is concluded that it is established by the law the obligation for all courts and subjects of authorities to consider (apply) legal conclusions of the SC allows to confirm that such approach causes the expanded application of the principle of legality, as the norm of law in fact cannot exist separately from the SC case law (its legal understanding) and the subject of authorities cannot have own approach to understand of this or that norm of law.
The authors consider the main theoretical approaches and practical recommendations related to the perception and application of the principle of uniformity of judicial practice in the field of ...ecology as the basis of justice. The publication proposes a model of positioning judicial practice in its two forms of being: as an instrument and a source of law in their dialectical unity.
This review covers the judicial practice of Ukrainian courts of general jurisdiction related to the issue of force majeure. The question becomes especially relevant in the current war realities, in ...which not only the citizens of the country, but also business entities find themselves. Under the conditions of martial law, counterparties often resort to abuses, citing force majeure, and refuse to fully or partially fulfill their contractual obligations. This publication examines the main legal positions of courts of general jurisdiction on this topic.
"The purpose of the work concerned the study of the legal nature of the ECHR practice, as well as their place in the sources hierarchy of law of Ukraine, which regulates economic relations. For this, ...the work used the method of analysis and synthesis, comparison and formal and legal method. As a result of the study, it was established that the status of ECHR judgements as a source of law is determined and consolidated by Ukrainian legislation. It was proved that such regulation allows avoiding conflicts in national legal norms and to achieve unambiguity in the context of the application of the ECHR practice by the courts of Ukraine. In addition, such legislative consolidation ignores a separate sector of economic relations, which concerns compensation for moral damage to economic entities. Thus, the conducted study made it possible to establish that the place of the ECHR judgements in the system of sources of economic law of Ukraine is determined by legislation and is binding for implementation. The practical value of this work was revealed in the possibility of using obtained conclusions by scientists to continue the study of this topic, as well as by judges in the course of solving economic cases."
This article is devoted to community service as an alternative to imprisonment and the legal problems of its use. It includes interesting and different views on the distribution of the benefit ...provided by the law of exemption from serving a sentence, which is based on a deep analysis of practice and research of scientific works. This small journalistic work is an attempt to make a modern scientific analysis of the introduction/establishment of a punishment that was previously foreign to our country, to what extent the mentioned legal innovation was justified, and what can be done for its further refinement/perfection, in addition, the specified concept focuses on the factors that allow for a correct complex approach from both the court and the decision-making body when deciding on the usage of the named legal mechanism. In addition, the present article aims to discuss the main problems with the given mechanism of release from serving a sentence, as well as to propose suggestions of a recommendatory nature for the regulation of legal relations, including, as mentioned, legislative initiatives in terms of improving/perfecting the current legislation. Additionally, a comparative legal analysis is made in the article, which makes the scientific research process of changing the punishment from punishment to work useful for society even more interesting and diverse. In particular, the existing system at the national level is compared with internationally known models, based on this comparison, a comparative analysis is made, which shows the similarities and differences between the models. The final part is devoted to the summary propositions that I have acquired due to the study and scientific processing of the raised issue. Historical, formal-logical, dogmatic, formal-legal, comparative-legal, descriptive, and systematic methods are used to re- search the problem in a separate chapter. Furthermore, the data of legal statistics are used through the study and generalization of the practice of local councils and the court. The opinions, proposals, and recommendations presented in the article will be interesting for theorists and practitioners interested in the given issue, as well as for legislative and administrative bodies, as well as for the court. In addition, the work will be interesting for non-lawyers, as it scientifically elaborates on community service as an alternative to imprisonment in modern Georgian law.
Background. Judicial rule-making has always aroused interest in Russian science and practice in various periods of the development of the Russian state. The significance of judicial rule-making in ...Russia is ambiguous, but its actual existence is beyond doubt. Throughout the development of the judicial system, the formation of judicial reform and the formation of uniform law enforcement, judicial rule-making has played a huge role in the mechanism for protecting human rights, ensuring the rule of law and legal certainty. In view of this, there is a need to determine the status of judicial rule-making in Russia and gradually consolidate its legitimacy, which requires consistent theoretical study. The pur-pose of the research is to show the development of judicial rule-making in different periods of Russian statehood, its understanding and application, to reveal the significance of this legal phenomenon carried out by the highest judicial instances. Materials and methods. The implementation of the tasks set was achieved on the basis of an analysis of the legisla-tion of the Russian Empire, the judicial practice of the Senate, the current federal legislation and the judicial practice of the highest judicial bodies of the Russian Federation. The me-thodological basis of the study was the methods of comparative legal and system analysis, the formal legal and historical approach to understanding judicial regulatory. In the course of the study, a historical and legal analysis of the development of the function of judicial rule-making in the Russian Federation was carried out in the context of uniform law en-forcement. Through the analysis of theoretical provisions, the authorʼs interpretation of the rule-making activity of the highest judicial bodies of the Russian state at various stages of the development of the judicial system is presented. On the basis of a comparative legal analysis of the judicial activities of the Senate and the highest judicial bodies of the Russian Federation, judicial practice is considered as a result of the administration of justice and the actual existence in Russia of judicial rule-making and the precedent nature of judicial acts of higher courts is proved. The main conclusions concern the need to improve the status of judicial acts of the highest judicial bodies and provide them with a legitimate opportunity to implement judicial rule-making. Results and conclusions. It is proved that the normative legal act has obvious dominance as the main source of law in Russia, however, the judicial practice of the highest courts, due to their precedent nature, is growing in importance and predetermines the actual existence of judicial rule-making in the state. Based on this con-clusion, the authorʼs concept of the structure of judicial rule-making is proposed, the need for its further legitimization and development of the doctrine of judicial rule-making is sub-stantiated.
This study examines the influence of bankruptcy courts on the risk-taking behavior of listed firms in China between 2002 and 2019. The establishment of bankruptcy courts discourages listed firms from ...taking excessive risk. This effect is more pronounced in firms with financing constraints, high market valuations, and those operating in regions with a weaker rule of law. Overall, our findings indicate that establishing bankruptcy courts benefits creditors’ rights and restrains corporate risk-taking.
•The influence of bankruptcy courts on corporate risk-taking is examined.•The establishment of bankruptcy courts discourages firms from taking excessive risk.•The effect is more pronounced in firms with financial constraints.•The effect is also stronger in areas with weak rule of law.
The generalization of judicial practice is a necessary condition for its unity throughout the country, a mandatory basis for training future legal practitioners and improving the professional skills ...of representatives of all legal communities related to judicial activity, a necessary element of any scientific research. Purpose: to show that the role of the generalization of judicial practice in ensuring its unity is determined by the balance between the two undesirable extremes of imposing an external legal position on judges and the judges' complete disregard for the need for unity of judicial practice within the entire national legal system. Methods: structural-system analysis and synthesis, concrete sociological, comparative legal. Conclusion: the generalization of judicial practice makes it possible to bridge the gap between theory and practice in jurisprudence, to ensure the best development of both.
The article is devoted to the monitoring of court decisions rendered by courts in the period from 2019 to 2021. in cases of administrative offenses, the subject of which is the bullying of ...participants in the educational process at the institutions of professional (vocational) education. It is determined that the subjects of professional (vocational) education include applicants for professional (vocational) education and teachers who are potential parties to bullying: the offender (buller), the victim (victim of bullying), observers.It is noted that bullying is a consequence of violation by subjects of professional (vocational) education of the rights of other subjects of professional (vocational) education and their responsibilities under general and specialized regulations.It is established that the objective side of most cases is the actions of applicants for professional (vocational) education, which led to psychological and physical violence.It is noted that in bringing juvenile applicants for professional (vocational) education to administrative responsibility on a general basis in most cases, the court imposed an administrative penalty in the form of community service.Emphasis is placed on the fact that the court obliges applicants for professional (vocational) education to pay the court fee, but, given the property status of the minor, the court may release the latter from paying the court fee.
