Доктринальні джерела в судовій практиці: порівняльний аспект

English

Doctrinal sources in judicial practice: a comparative perspective

Abstract. Introduction. The article examines the role of legal doctrine as a source of law in different legal systems, emphasizing its importance in judicial practice. It is established that in Ukraine, legal doctrine is primarily used for the interpretation of legal norms, filling legislative gaps, and applying analogies of law and legal principles. In such cases, doctrine serves as an auxiliary tool that ensures consistency in legal practice and contributes to the stability of the legal order. In common law systems (such as the United Kingdom and the United States), doctrine is often used to justify court decisions, review precedents, or expand their interpretation, which facilitates the dynamic development of the legal system. Objective. The objective of the study is to explore the nature and essence of legal doctrine, its functions and role in the contemporary Ukrainian legal order, and to conduct a comparative analysis of its use in foreign countries, particularly in the civil law and common law traditions. Materials and Methods. The study materials include Ukrainian legal acts, scholarly works of domestic and foreign authors, and judicial practice in various legal systems. The research employs methods of comparative legal analysis, a systematic approach, and a historical-legal method to analyze the development and role of doctrine as a source of law. Results. The article reveals the functional characteristics of using doctrinal sources in different legal traditions, particularly their interpretative, compensatory, and developmental functions. The significance of doctrine in judges' separate opinions is analyzed, where it is used to justify new approaches to the application of law. It is shown that doctrinal sources help courts develop the legal system more flexibly and in accordance with social changes and new challenges. In the Ukrainian legal system, the separate opinions of Constitutional Court judges play a similar role, as they are often used as a basis for critically rethinking existing legislation or proposing improvements. Prospects. Further research may focus on studying the impact of doctrine on the formation of the national legal order in the context of European integration processes, as well as on developing new approaches to the use of doctrinal sources in the judicial practice of Ukraine. This will enhance the effectiveness of law enforcement and contribute to the development of Ukraine's legal system.

Keywords: legal doctrine; sources of law; Ukrainian legal system; common law; interpretation; precedent; analogy of law; judicial practice; Constitutional Court of Ukraine; separate opinions of judges