JUDICIAL PRECEDENT AS A SOURCE OF CRIMINAL LAW
Abstract
In work revealed the use of judicial precedent (practice) in the national system of criminal law. For this purpose the analysis by the writings of scholars, places legal precedent in the sources of criminal law of Ukraine. It is concluded that the sources of criminal law is not the acts which are contained and required for the application of the criminal law legal opinions relevant authorities in the form of legal regulations or legal position and the relevant legal position. Acts, in which are set out the respective legal positions, are documents – the physical media on which are recorded information on the legal assessment the relevant authority in certain circumstances, legal phenomena. Judicial precedent is advisory or mandatory nature of the application, whose main purpose is filling gaps in the law of criminal responsibility, which were formed during the rulemaking.
Judicial precedent, the source of law, criminal code, criminal law, criminal liability.
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