THE JUDICIAL PRECEDENT AS A SOURCE OF CRIMINAL LAW: NATIONAL AND EUROPEAN MEASURES
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 62, Issue 1
Abstract
The scientific article is devoted to the analysis of the problematic issues of the judicial precedent as a source of criminal law of Ukraine, the concept of judicial precedent, its features and tasks are formulated. The issue of using the practice of the European Court of Human Rights as a source of national law, including criminal law, is considered. The necessity of a legal institute for a judicial precedent and its direct, candid and mandatory application in the practice of law enforcement is proved.
Authors and Affiliations
Serhiy Losych, Krystyna Rutvyan
ISSUES OF DETERMINING THE CONTENT OF CRIME’S OBJECT AGAINST INDIVIDUALS AND ENTITIES THAT HAVE INTERNATIONAL PROTECTION
Theoretical problems of determining the content of crimes’ object against individuals and entities that have international protection are considered in the article. Based on the location of the Art. 444 of the Criminal C...
CONTROL AND CONTROL FUNCTION OF PUBLIC ADMINISTRATION BODIES: GOALS, TASKS
The author analyzes the functions of control activity. The article reveals the tasks of control, which allow determining the place and role of control activities in ensuring the stability of civil society. The issues of...
ADMISSIBILITY OF EVIDENCE OBTAINED BEFOR THE ENACTMENT OF CRIMINAL PROCEDURE CODE 2012
The article deals with some aspects of admissibility, relevance, reliability, adequacy and legality of obtaining evidence in pre-trial investigations, including the Criminal Procedure Code of Ukraine in 1960, their evalu...
DECISIONS OF PROSECUTOR ON STATEMENTS AND MESSAGES ABOUT CRIMES AND MISCONDUCT IN THE RUSSIAN EMPIRE FOR JUDICIAL REFORM OF 1864
In accordance with the Charter of criminal judicial proceedings of 1864 in the Prosecutor's office concentrated information about crimes and misconducts, which could be the reason for the preliminary investigation. The p...
TERMINOLOGICAL UNCERTAINTY OF CATEGORIES OBJECT AND SUBJECT IN THE DOCTRINE OF INTERNATIONAL CUSTOMS LAW
The article examines the views of scientists on the usage of the categories "object" and "subject" during the definition of the international customs law concept and puts forward their own thoughts regarding the expedien...