COURT DECISION (JUDGMENT) AS AN ELEMENT OF CASE LAW: AXIOLOGICAL AND LAW-APPLYING ASPECTS

Abstract

The article examines the court decision as a structural element of case law within the system of sources of criminal procedural law of Ukraine, through the prism of its axiological significance and law-applying role. It emphasises that the reasoning of a court decision serves as an indicator of the proper consideration of the parties’ arguments, a comprehensive evaluation of evidence, and a well-founded choice of the applicable legal norms, while the interpretation of legal norms constitutes an integral part of this process. It is established that courts inevitably engage in law- applying interpretation, which influences the unity and consistency of case law.The article traces the evolution of the legislative approach to consolidating the results of judicial reasoning: from the introduction of the concept of a ‘legal position’ in criminal procedural legislation to the current model of ‘conclusions on the application of a legal norm’ in the rulings of the Supreme Court. The reasons and consequences of this transformation are substantiated, in particular its impact on the unification of terminology and the enhancement of the predictability of law enforcement. In this context, particular attention is paid to the court’s conclusions as a form of expressing the results oа interpretation, which are set out in the court decision. It is proposed to use the term ‘court’s conclusion’ to denote such elements, as this aligns with current legislation.This study notes that the conclusions of the Supreme Court, given its legal status, have special and defining significance for law enforcement and the development of law in general.The Supreme Court’s conclusions, set out in its rulings, perform a system-forming function: they endure the unity and consistency of case law, provide guidelines for law application, and strengthen legal certainty and predictability in the field of criminal procedure. Thus, Supreme Court decisions containing conclusions on the application of legal norms represent forms of case law that acquire the status of a source of law.