EUROPEAN APPROACHES TO JUDICIAL PRECEDENT AND THEIR IMPACT ON UKRAINIAN JUSTICE

Abstract

The article is dedicated to important aspects of the development of judicial precedent in Ukraine, particularly after gaining independence and in the context of European integration. It analyzes key approaches to the application of judicial practice in the Anglo-Saxon and continental legal systems, as well as the adaptation of the Ukrainian legal system to European standards. The article identifies the need for the adaptation of judicial practice, taking into account national legal realities, and the gradual implementation of European approaches to legal application. The article also focuses on the importance of applying the case law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) as sources of law in Ukrainian courts to ensure fairness

and legal certainty in judicial decisions.

The influence of the Anglo-Saxon and continental legal systems on Ukraine’s judicial practice is analyzed. The gradual formation of judicial precedent in Ukraine in the context of adapting to European standards is also highlighted. Emphasis is placed on legislative changes that facilitate the use of judicial decisions as benchmarks in legal application. Special attention is given to the research of Ukrainian scholars regarding the legal mechanisms of the EU, particularly the works of A.Y. Frantsuz, who analyzes the issue of implementing EU legislation and its implementation through organizational measures and consultations. The importance of interaction between the legal systems of Ukraine and the EU is emphasized, as well as the necessity to consider the acquis communautaire – the body of EU legal norms

and practices.

The conclusions emphasize the importance of using the experience of EU countries in the field of judicial precedent to develop the Ukrainian judicial system. Specifically, it focuses on the need to consider the decisions of the European Court of Human Rights (ECHR) and the CJEU, as well as integrating European principles of justice into national judicial practice. Although judicial precedent is not a formal source of law in Ukraine, the practice of the ECHR and the CJEU has a significant impact on the formation of a unified and predictable judicial practice. This contributes to the harmonization of legal application in Ukraine with European standards, enhancing legal certainty and the effectiveness of justice.

The role of the Supreme Court, particularly its conclusions and model cases, in influencing legal application at all levels of the judicial system is also noted. The conclusions confirm that international judicial practice significantly contributes to the reform of the Ukrainian judicial system, bringing it closer to the European model of justice and ensuring the protection of human rights.