THE ROLE OF JUDICIAL PRACTICE IN THE FORMATION OF ADMINISTRATIVE LEGAL NORMS IN THE ACTIVITY OF ENFORCEMENT SERVICES: A COMPARATIVE STUDY OF BULGARIA AND UKRAINE

Abstract

This article examines the role of judicial practice in the formation of administrative legal norms in the activities of enforcement authorities. Based on a comparative analysis of the legal systems of Ukraine and Bulgaria, it is argued that despite the lack of formal recognition of judicial practice as a source of law within the continental legal tradition, it effectively performs a law-making function. Particular attention is paid to the analysis of court decisions that define the limits of discretionary powers of public and private enforcement officers, as well as establish standards of proportionality, reasonableness, and efficiency in enforcement actions. It is demonstrated that in Ukraine judicial practice plays a more dynamic role, gradually approaching a precedent-based model, whereas in Bulgaria it ensures stability and uniformity in the application of law within the framework of European Union legal integration. The study finds that judicial practice serves as a key mechanism for balancing the public interest of the state with the rights of participants in enforcement proceedings. It is concluded that judicial control is gaining increasing importance as a fundamental instrument for the development of administrative law.