The essence of the principle of the effectiveness of law. Time aspect
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2018, Vol 3, Issue
Abstract
In the paper, questions of the effectiveness of legal prescriptions, which are very relevant for Ukraine, are investigated. The effectiveness of law as a social phenomenon includes a whole range of issues, ranging from legal understanding, lawmaking, functions of law, and concluding the actual operation of law and its prediction. In this case, the substantive law that mediates these relations must meet the criteria of clarity, expectancy, certainty and effectiveness. In the temporal dimension, its determinateness, predictability and timeliness are important factors that ensure the proper effectiveness of the legal norm. After all, negative social consequences can result either as a belated settlement with legislative provisions of public relations, which have long existed, and premature fixing in regulatory acts of regulators of relations, which have not yet acquired relevance. It is important that the concept of law be directed by its semantic vectors into the future. To do this, it is necessary to maximally limit the reverse effect of legal norms in time, to ensure public awareness of their content (to apply only promulgated acts), to ensure their fair enforcement. The article proves that the concept of effectiveness of legal norms is associated primarily with the effectiveness of their application. At the same time, efficiency is closely linked to the criteria and conditions for such enforcement. This happens, both in the practical implementation of regulatory legal relationships, and within the protective relationship. At the same time, the latter's value lies in the fact that the protection of the violated subjective substantive law occurs within the framework of a new relationship that did not exist before the offense. Therefore, the predictability and predictability of a person's protective response to violations is particularly important here. For a more thorough knowledge of the subject of research, the paper analyzes the legal toolkit, according to which the state authorities are limited in their actions to pre-established and declared rules, which make it possible to predict with great precision the measures that will be applied by the authorities in a given situation, taking into account what an individual can confidently plan his actions. The main criterion for the efficiency of the legal norm is the effectiveness of its practical implementation by law enforcement agencies, therefore the real factors determine the factors that are in the sphere of law enforcement. This includes the provision of those or other prescriptions with material and organizational resources, the conformity of the norms of social thought, the clear work of law enforcement agencies, and the like. In the temporal sense, the effectiveness of the law is achieved through proper knowledge and possession of the methodology of legal processes, which allows expecting proper enforcement, predicting its results, and hence the future state of the legal system, prevent negative consequences, reduce possible risks. The application of the principle of the effectiveness of law in practice in the practice of the European Court of Human Rights has been studied. It is that the parties to the case have the right to submit comments, which they consider important. This right can be considered effective only if the remarks were «heard», that is, adequately reviewed by the court. So the court must conduct proper consideration of the documents and evidence submitted, and the arguments and evidence provided by the parties. Violation of these requirements of a fair process as a consequence leads to an illegal decision. In the area of temporal regulation of fair trial, the effectiveness of the legal norm is related to the reasonable duration of the trial and the execution of final judicial verdicts. Demanding compliance with the principle of reasonableness of the terms of the process The Convention for the Protection of Human Rights and Fundamental Freedoms is interpreted by the European Court of Justice as an instrument that emphasizes that justice NOT the Valley is delayed, capable of compromising its effectiveness and credibility. However, this principle covers not only the tools for the implementation of timely justice, but also applies to the regulation of the relevant actions of participants in the process. The paper points out the serious shortcomings of the national judicial system and the timely preparation of cases for consideration, the conduct of the process and the implementation of final decisions within a reasonable time. It is noted in the inadmissibility of applying non-promulgated legal acts, which very often occurs in Ukrainian courts. Such a use of the legal norm will be ineffective, because the principle of expectability and predictability is violated, which makes it impossible for the person to predict his behavior.
Authors and Affiliations
П. Д. Гуйван
Keywords
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