LEGAL NATURE OF THE RESOLUTIONS OF THE SUPREME COURT PLENARY SESSION IN THE MECHANISM OF CRIMINAL-PROCEDURAL REGULATION
N. Nor
Ivan Franko National University of Lviv,
Universytetska Str. 1, UA–79000 Lviv, Ukraine
Legal nature, role and significance of the resolutions of the plenary session of the
Supreme Court of Ukraine in the mechanism of criminal-procedural regulation have been
researched. The author gives reasons for the conclusions that these resolutions don’t
belong to the law sources formally and to criminal-procedural sources, in particular, though
the doctrinal views as to this conclusion are different (contrary). He asserts that there are no
grounds for depriving these resolutions of a “guiding” and “binding” status by the current
legislation of Ukraine; their recommendatory character can’t give rise to the conclusion, that
they have lost their practical significance and are unable to provide judicial practice stability.
Key words: Resolutions of the plenary session of the Supreme Court of Ukraine,
mechanism of the criminal-procedural regulation, legal nature of the resolutions of the
Supreme Court of Ukraine Plenary Session.
Стаття надійшла до редколегії 01.05.2007
Прийнята до друку 01.06.2007
ВІСНИК ЛЬВІВ. УН-ТУ
Серія юридична. 2007. Вип. 44. С. 337–342
VISNYK LVIV UNIV.
Law Series. 2007. № 44. P. 337–342