CERTAIN ISSUES OF CONSIDERATION OF JUDICIAL PRACTICE AS SOURCES OF LAW IN UKRAINE

The article considers the peculiarities of such a phenomenon as judicial practice and provides an assessment in terms of sources of law. In particular, numerous doctrinal provisions developed by recognized experts and theorists are analyzed, as well as the current legislation of Ukraine, which includes the Constitution of Ukraine, the Commercial Procedural Code of Ukraine, the Criminal Procedure Code of Ukraine, the Civil Procedure Code of Ukraine and others no less important. legal acts. In general, it is determined that judicial practice plays the role of concretization of laws, and in this it complements the legislator, or rather it becomes a source of law in case of «inaction» of the legislator, when regulations contain gaps, their textual wording is ambiguous, contradictory and generates problems with law enforcement. Judicial practice fills these gaps by applying the analogy of law and law, ie the result of the application of this analogy and the order of judicial motivation is of particular importance and significance for the further resolution of similar cases. At the same time, the conclusions summarize and indicate that judicial practice is part of legal practice as law enforcement, rule-making and legal interpretation activities in conjunction with the relevant professional experience. It concretizes the laws, as well as fills the gaps in the legislation by applying the fundamental principles of law, the analogy of law and law. It is determined that judicial practice occupies a special place as a source of law in our state. In modern Ukraine, judicial practice as a source of law is enshrined in law, which thus becomes binding. First of all, it is provided by the Constitution of Ukraine, procedural codes, as well as the Laws of Ukraine: «On the Constitutional Court of Ukraine», «On the implementation of decisions and application of the case law of the European Court of Human Rights», «On the judiciary and the status of judges», etc.