Єдність та сталість судової практики в контексті розумної передбачуваності судових рішень

Currently, in order to provide feedback to the public, while also performing educational and explanatory functions, the Supreme Court judges are actively discussing law enforcement innovations in court practice, focusing on certain legal positions. It is recognised that there are differences in judicial practice and that inconsistency and contradictions do not lead to justice. The article is devoted to the issue of unity and consistency of judicial practice in one aspect – predictability of changes in law enforcement approaches and legal positions: on the example of certain issues related to inheritance, as well as refutation of false information. The authors have analysed a number of sources on the doctrinal development of the issue, as well as the Supreme Court’s rulings. The concept of the collection is the author’s own. The study revealed a consistent change in the Supreme Court’s approaches to the primacy of substantive law over the procedure, in particular, regulated by the notary law. The legal positions of the Supreme Court in the analysed category of cases focus on the freedom of will as a principle of inheritance law, respect for the testator’s will and the obligation to comply with it. In formulating this position, the Supreme Court consistently and strictly applies the provisions of Article 4 of the Civil Code of Ukraine – in the context of recognising the Civil Code of Ukraine as the main act of civil legislation and resolving legal conflicts in accordance with this provision. At the same time, the author notes that the Supreme Court refers to the provisions of the doctrine. The author also analyses the change in legal positions related to the removal of the provision of part 3 of Article 277 of the Civil Code of Ukraine on the presumption of unreliability of negative information, which the Supreme Court interpreted as a «presumption of good faith». According to the Court, the cancellation of the legal provision deprived the plaintiff of immunity from the usual algorithm of proof in civil proceedings and shifted the burden of proving the unreliability of the information disseminated about him to him. In general, conclusions are drawn regarding: 1) the reasonableness, predictability and unity of approaches to resolving inheritance cases, as the last will of the testator is given preference. It is proposed that non-compliance with the requirements of the notary law (which is rightly noted that it is not a part of civil law) by notaries should be addressed through disciplinary liability; 2) the complete unpredictability of changes in court practice related to the removal of part 3 of Article 277 of the Civil Code of Ukraine.