THE ROLE OF THE SUPREME COURT IN MODERN UKRAINIAN LAW ENFORCEMENT

Abstract

The article examines the role of the Supreme Court in ensuring stable and uniform judicial practice, analyzes the current legislation, which establishes the legal basis for the performance of the Supreme Court's functions. A comparison of the legislation on law-making activity with the legal nature of the conclusions of the Supreme Court regarding the application of legal norms is made. The approaches of some scientists in the characteristics of the conclusions of the Supreme Court regarding the application of legal norms and their correlation with judicial precedent are analyzed. The question of the binding nature of the conclusions of the Supreme Court regarding the application of legal norms for courts of lower instances was studied through the prism of the principle of stare decisis ("stand by what has been decided"), which determines that courts must adhere to the conclusions that were adopted when the previous case was decided by another court. Analyzed in the context of interpretation and/or addition of legal norms, the Supreme Court's rulings set out specific conclusions regarding the application of legal norms, which actually expand legal norms or interpret them in such a way that a new rule is created that has features of norms that are absent in legislation. The features of the "source of law" inherent in the conclusions of the Supreme Court regarding the application of legal norms are outlined. Conclusions were made regarding the mandatory application of the conclusions of the Supreme Court by lower courts and subjects of power and their influence on the administration of justice. It is noted that the Supreme Court, when administering justice and reviewing cases, partially resorts to the formation of conclusions that actually expand the norms of law or carry out their interpretation in such a way that a new rule is created that has features of norms that are absent in the legislation. In the absence of a clear indication in the procedural law as to the jurisdiction of the court that should hear a specific category of cases, the Supreme Court effectively creates a rule that determines the court that should decide such a dispute. It is emphasized that the Supreme Court forms conclusions on the application of legal norms, which are a certain form of judicial precedent and are mandatory for application by both lower courts and subjects of power in accordance with legislative regulation.