Роль правового висновку Верховного Суду при реалізації права на судовий захист у цивільному судочинстві

English

The role of the legal opinion of the Supreme Court in the implementation of the right to judicial protection in civil proceedings

Abstract. Introduction. In the current context of judicial reform in Ukraine, the issue of ensuring legal certainty and predictability of court decisions is gaining particular importance. One of the key instruments in this regard is the legal opinion of the Supreme Court, the role of which in civil proceedings requires deep theoretical and practical comprehension. Defining the significance of legal opinions is of both theoretical and practical value for ensuring the effective exercise of the right to judicial protection—one of the fundamental human rights in a rule-of-law state. Purpose. The purpose of the study is to conduct a comprehensive analysis of the role of the legal opinion of the Supreme Court in the exercise of the right to judicial protection in civil proceedings. Special attention is paid to the influence of legal opinions on the formation of uniform judicial practice, the provision of legal certainty, and the stability of legal application. Materials and Methods. The materials of the research include: 1. The Constitution of Ukraine, the Civil Procedure Code of Ukraine, and the Law of Ukraine "On the Judiciary and the Status of Judges"; 2. Legal positions of the Supreme Court in typical cases; 3. Analytical works of leading Ukrainian and foreign legal scholars. The methodological basis of the study includes general scientific and special legal methods: system-structural, formal-logical, comparative legal analysis, the method of legal norm interpretation, and doctrinal generalization of judicial practice. Results. The article provides a thorough analysis of the concept of the legal opinion of the Supreme Court as a source of law enforcement practice. It is proven that legal opinions facilitate consistent interpretation of substantive and procedural law by lower courts and ensure the stability of legal positions in resolving typical legal relations. It is established that legal opinions are advisory in nature; however, their disregard without proper justification may serve as grounds for annulment of judicial decisions at the cassation level. The study also reveals a number of theoretical and practical issues related to the implementation of legal opinions in judicial practice, including the problem of deviation from previously established jurisprudence, interaction between the Grand Chamber of the Supreme Court and chambers of cassation courts, and the absence of an adequate mechanism for disseminating new Supreme Court opinions to courts of general jurisdiction. Discussion. Future research should focus on improving the legislative regulation of the status of the Supreme Court’s legal opinions, developing criteria for their mandatory application by lower courts, and enhancing the mechanisms of effective legal monitoring of judicial practice. In particular, the feasibility of creating a unified digital platform for court positions, indicating their relevance and substantive interrelation, should be considered.

Keywords: legal opinions; Supreme Court; the role of legal opinion; case law; civil proceedings; judicial protection; civil proceedings; judicial reform