Temporal and essential criteria of legal certainty as a criterion for fair trial
Journal Title: Альманах міжнародного права - Year 2017, Vol 18, Issue
Abstract
The paper analyzes the European and Ukrainian practice of applying the principle of legal certainty. The manifestations of this phenomenon in the process of lawmaking and law enforcement have been studied. At the same time, the principle of legal certainty is postulated as a set of requirements for the organization and functioning of the legal system with a view to ensuring, above all, a stable legal position of the individual by improving the processes of rulemaking and issuing judicial verdicts. It was noted the need to take decisions on a particular case, taking into account the requirements for their certainty, validity and effectiveness. The real content of the rule on the predictability of the law in a particular situation was studied. Inherent elements are analyzed, through which the importance of temporal factors of legal certainty is manifested. The content of the principle of legitimate expectations, which are an integral part of the principle of legal certainty, has been studied in detail. It is that when a person is convinced of the achievement of the planned result, acting in accordance with the rules of law, the protection of these expectations must be guaranteed. Numerous cases of misinterpretation by the national law enforcement agencies of this principle are indicated. Practice concerning the validity and certainty of judicial decisions is considered. The illegality of the enforcement of acts is underlined, they are not valid for relations that are regulated, or those that have not been properly promulgated.
Authors and Affiliations
П. Д. Гуйван
Keywords
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