CEU Electronic Theses and Dissertations, 2023
| Author | Karpovska, Anastasiya |
|---|---|
| Title | Precedent in the Modern Ukrainian Legal System: Reality or Aspiration? |
| Summary | The main purpose of this work is to explore the emergence of precedent in the modern Ukrainian legal system. In particular, I set out to assess whether a precedent-based system is indeed emerging, what form it is taking, whether it should be considered an official source of law in the country, and how to regulate it properly for the effective system functioning with a new phenomenon. In order to achieve this objective, I apply the method of comparative legal research, which involves a comparison of legal doctrines, legislation, and foreign laws. Since I am going to analyze and compare the Ukrainian legal system and other legal systems of different countries, to study the modern changes ongoing nowadays, this method highlights the cultural and social character of law and how it acts in different settings. This method of reasoning encompasses logical and inductive reasoning, and it holds value in its ability to highlight the pros and cons of various approaches, procedures, and institutions , so it is very useful in developing, amending, and modifying the law using the lex lata and lex ferenda. As a result of the conducted research, it is proven that a correctly codified case law system with high-quality and consistent court decisions will improve the whole legislative mechanism and procedural apparatus, giving more chances to a fair and equal justice administration in Ukraine. |
| Supervisor | Tommaso Soave |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/karpovska_anastasiya.pdf |
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