JUDICIAL SUPREMACY IN THE PERIOD OF TRANSIT OF THE LEGISLATION OF THE COUNTRIES OF TRANSITIONAL JUSTICE BELONGING TO THE CONTINENTAL LEGAL SYSTEM
JUDICIAL SUPREMACY IN THE PERIOD OF TRANSIT OF THE LEGISLATION OF THE COUNTRIES OF TRANSITIONAL JUSTICE BELONGING TO THE CONTINENTAL LEGAL SYSTEM

Summary/Abstract: The purpose of the study is to cover the judicial rule as a way to ensure the rule of law in the judicial activity of the countries of the continental legal system, which are in a transitional period of their development when the transit of legislation is relevant. Scientific research methods include comparative, dialectical, prognostic, as well as methods of modelling, and correlation, which allowed to develop the definition of judicial supremacy as a special type of judicial enforcement by the courts of cassation during the development of legal conclusions and legal positions on the application of substantive law. There is a definition that judicial supremacy in the countries of the continental legal system is considered as a special, closely related to the lawmaking role, law enforcement procedure of the Supreme Court on resolving conflicts between the ideal of a legal provision and a persuasive precedent of a specific law enforcement situation. Therewith, a categorical conclusion is made regarding the inadmissibility of tracing the approaches of common law countries, the development of judicial precedents in its pure form into the format of judicial law enforcement of the countries of the continental legal system. It was proven that the rule of law is the result of the privileged power of the Supreme Court during the review of court decisions on the interpretation of laws. However, this power is not the highest, because the interpretation of constitutional provisions is a unique function of the Constitutional Court of countries where there is a model of centralised constitutional control.

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