RES JUDICATA AS AN ELEMENT OF FAIR JUSTICE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to a legal study of the effectiveness of judicial decisions as an element of the productivity of the legal system. It is noted that in the implementation of law enforcement, courts must observe the bases of legal certainty. The paper considers the requirement of legal certainty of legal proceedings as the need to analyze and evaluate the applicable legal rule for its legitimacy and morality (the requirement of the quality of the law), compliance with the need for a fair judicial decision (its clarity, consistency, correctness) and the stability of the verdict, which in general guarantees stability of the legal status of the individual as a result of proclamation. Three groups of requirements are analyzed that are part of the principle of legal certainty, namely: requirements for the certainty of legislation, requirements for the certainty of powers and requirements for the certainty of judicial decisions сertainty of law in the process of its creation and application are deeply interrelated. Thus, gaps in the certainty of legislation can be eliminated as a result of decision-making by executive authorities within their discretionary powers. In turn, the illegal establishment or excess of such powers can be critically assessed by the law enforcement agency. Thus, due to the described interaction, the legal certainty of a specific legal relationship is achieved and the realization of the subjective right of a person is ensured on the basis of both a legal prescription and the foundations of morality and humanism. Norms of law should be qualitative in terms of their consistency, stability, clarity and comprehensibility of content, universality of application and disclosure, and can not be implemented in the opposite direction in time, predictable and the like. This approach follows from the most essential content of law, and, based on the principles of natural law, manifests its importance as a phenomenon external to the activity of law-establishing institutions. The content of the determining legal guarantee of stability and the invariability of the final judicial decision – res judicata – is analyzed. This is manifested, for example, when national legislation does not establish any temporal boundaries for appealing against decisions of courts, including those that have entered into force. The peculiarities of international and national ensuring of observance of human rights regarding the organization of execution of verdicts of courts are also clarified. The systematic nature of violations of these European requirements in Ukraine is established.
Authors and Affiliations
П. Д. Гуйван
Keywords
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