The international legal principle of legal certainty. Its essential and temporary manifestations in the Ukrainian legal system
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article is devoted to the study of the essence and temporal manifestations of the international legal principle of legal certainty. The application of this principle in the process of lawmaking legitimizes state lawmaking, determines the fairness of the law enforcement system. Its adherence to lawmaking and law enforcement guarantees unambiguous and clear legal norms, ensures their consistency, institutional relationship among themselves, allows us to formulate mechanisms for their interpretation and the like. The signs of a temporal measurement of the application of this fundamental principle are analyzed, which ensure the expectedness of legal norms, their orientation to the future, the stability of relations for the foreseeable period, the impossibility of applying legislative acts “retroactively”. An important role in this respect is played by the rule, enshrined, in particular, in Art. 58 of the Constitution of Ukraine, on the operation of only normative acts that were promulgated in accordance with the established procedure. At the same time, in the event that the question of promulgating a legal document arises at the law enforcement stage, it is the subject of authority that must give evidence to the law enforcement bodies, imposing such a duty on the citizen is unacceptable. The legal positions of the relevant European legal institutions are investigated, which the principle of legal certainty is regarded as determining. Thus, it is taken into account that the essence of the principle of legal certainty is formulated by the European Court as ensuring the predictability of the situation and legal relations in areas that are regulated. This principle does not allow the state to refer to the absence of a certain legal act that determines the mechanism for the realization of the rights and freedoms of citizens, enshrined in constitutional and other acts. According to the point of the European Court of Justice, the principle of legal certainty means that interested persons should be able to rely on obligations taken by the state, even if such obligations are contained in a legislative act that does not have automatic direct action at all. The significant role of the practice of the European Court of Human Rights in the process of forming the doctrine of legal certainty in the territory of the Ukrainian state was also analyzed. These examples of violations of the principle of legal certainty in certain regulatory acts of the Ukrainian state, which entails ambiguity of their understanding and enforcement. Also pointed to the significant shortcomings of the Ukrainian judicial system, which often neglects the basic elements of this principle, in particular in the temporal sense. Recommendations are given on improving the effectiveness of activities in this area.
Authors and Affiliations
П. Д. ГУЙВАН
Keywords
Related Articles
- EP ID EP658160
- DOI -
- Views 100
- Downloads 0
The objective aspect of non-execution of a court decision under the legislation of the European Union states
In foreign countries, approaches to the concept of crime, the composition of the crime, the objective side of the crime, the signs of the objective side differ from similar ideas of the Ukrainian school of criminal law....
Legal certainty as an integral part of the principle of the rule of law
In this scientific work, the author has studied such a constituent element the concept of the «rule of law» as legal certainty. It is emphasized that certainty should concern, first of all, the legal norm as the initial...
Institutional and functional meaning of a mechanism to ensure the regime of law and order officials of foreign experience
The article analyzes the current trends and measures to counter and prevent corruption in the public service system of Ukraine on the basis of international experience. Make proposals on the introduction of effective met...
Some aspects of improving the criminal legislation of Ukraine on the example of legislation of foreign countries in the field of countering sexual crimes against children that are committed by close relatives or family members
The article examines the main aspects of improving the criminal legislation of Ukraine by examining the legislation of foreign countries in the field of countering sexual crimes against children that are committed by clo...
International legal standards in the field of family, child, maternity and parent
The article examines the international legal standards in the area of family, childhood, motherhood and parenthood and the problems of their formation in Ukraine. Particular attention is paid to the essence, content, sub...