TY - JOUR AU - Anna Barikova PY - 2019/06/10 Y2 - 2024/03/29 TI - Court rulings impact on electronic communications law systematization JF - Administrative law and process JA - Adm. law and proc. VL - IS - 1(24) SE - Special administrative law DO - 10.17721/2227-796X.2019.1.04 UR - https://applaw.net/index.php/journal/article/view/633 AB - Purpose. The paper reveals the directions of using legal positions of court rulings to systematize the electronic communications law regarding consolidation of legal regulations within the national legal framework of Ukraine, taking into account supranational practice of legal support of the electronic communications market participants.Methods. For achievement of research purposes, the author uses special legal methods of scientific knowledge: formal-logical, system-functional, comparative-legal.Results. In the first part of the paper, the author deals with the place of the court rulings in the system of sources, according to which the consolidation of the electronic communications law provisions is to be carried out. Taking into account the latest doctrinal approaches, the “truncated” quality of such sources of law is specified. The author gives examples of how the Supreme Court’s legal position concerns the definition of the legal limits for the public administration to use tools in relation to the electronic communications, operation of radio frequency and number resources of Ukraine, etc.The second part of the paper highlights that the provisions of the European Court of Human Rights practice might affect the electronic communications law not only to determine the essence of certain types of sources of the law, the system of the electronic communications law, but also on the implementation of legal regulations in this area. Role of the European Court of Human Rights practice has been demonstrated as to systematize the electronic communications law in the context of dogmatic legal regulations.Conclusions. Firstly, on the basis of the analysis of the European and national court rulings, the author concludes that it is expedient to implement the legal positions of the judicial authorities that will promote the institutionalization of the rule of law principle in the functioning of the electronic communications market. Secondly, it has been proved that the Supreme Court’s rulings might contain conclusions on the further practice of dealing with similar cases. Generalization of practice, explanations and guidance of the Plenum is an overhead structure that defines judicial practice in the lower courts with a view to resolving conflicts in conducting activities in the electronic communications market, using activity tools by the public administration. ER -