Features of Legal Nature of Acts of the Constitutional Court of Ukraine an National Law Sources

The article is devoted to the problem of determining the legal nature of the acts of the Constitutional Court of Ukraine and the possibility of their attribution to the sources of national law, given their significance and role in regulating relations in the state.

The positions of comparison of acts of the Constitutional Court of Ukraine with normative-legal acts, constitutional court cases have been analyzed. It is noted that there are grounds to say that the legal acts of the Constitutional Court of Ukraine concerning the official interpretation of the Constitution and the laws of Ukraine are significant, they have a significant influence on the regulation of social relations, but they are not able to implement it on their own as normative legal acts, and therefore they are not can be attributed to normative legal acts in the full sense of the definition of this concept.

Considering the position of comparing the acts of the Constitutional Court of Ukraine with a legal precedent, it should be noted that despite the fact that in the legal system of Ukraine, a judicial precedent is not a source of law, but judicial litigation is prohibited, in the current conditions of integration processes, features of the national legal system of a mixed type are manifested, since in fact the courts, when considering cases, take into account the decisions of the European Court of Human Rights and national judicial practice. In relation to the case law, the laws of the Constitutional Court of Ukraine are difficult to argue, since it is not enshrined in the current national legislation, but its decisions are final and binding for execution throughout the territory of Ukraine.