The place and importance of precedent in the administrative process

Abstract

This article analyzes the definition, place and importance of precedent in the administrative process. Analyzed some transformation of national legal system that determine their changing, formal and substantive nature. Determined that the legal system of the Roman-Germanic and Anglo-Saxon types begin to lose clear limits to its uniqueness. Studied judicial precedent, as part of the evolution of the legal system, the legal effect of globalization on the national legal system, the practice of precedents in the administrative process. Proved that in Ukraine we can talk about the official use of precedents in the administrative process, as the use of the European Court of Human Rights judgments, and the use of informal precedents in the judgments of administrative courts with reference to the legal position of the Supreme Administrative Court of Ukraine, Supreme Court of Ukraine.

Determined that the legal precedent - is a judgment of the all members of higher courts adopted their majority vote in a particular case, which has mandatory and is used as a source of law when considering similar cases.

To comply with the principles of the Constitution of Ukraine and the Convention of human rights adopted the special law. This Law stated that during the proceedings the courts apply the Convention and the European Court of Human Rights as a source of law. It should be noted that talking about the practice of courts in the value disclosed in that Act, the practice of the ECHR and the European Commission of Human Rights, not only of the judgments on Ukraine.