Sources of administrative law: problems of judicial application
Abstract
The article deals with sources of administrative law in case law of Ukraine. The subject of the article is a case-law in Ukraine in the branch of administrative law. Logical methods such as analysis, synthesis, induction and deduction were used in the article. Comparative method allowed to analyze difference between common law and civil law legal systems. It is investigated in the article that not only legal acts, which contain administrative norms should be included to the system of sources of administrative law in Ukraine, but also some acts of judiciary which may influence on validity of administrative legal provisions. The author highlights in the article that legal doctrine, soft law, individual acts cannot be regarded as sources of administrative law as they do not possess norms of administrative law and cannot influence on them and thus cannot be regarded as obligatory sources. Some examples from case law of Ukraine are provided
concerning problems of application of sources of administrative law. The author made a conclusion that judges in their decisions apply not only sources of law but also other sources, which have additional and informative meaning. These sources cannot be regarded as obligatory for a court or parties of the case. It is proposed in the article that judges shall to point out these sources and explain their non-obligatory role in every decision they make.
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