The Principle of the Rule of Law and Legal Certainty: Relationship and Particular Aspects
Abstract
Abstract. The scientific work is devoted to the analysis of individual aspects of the principle of the rule of law (rule of law) and legal certainty. It is noted that in the national legal doctrine the principle of legal certainty is considered as an integral and organic component of the principle of the rule of law. The relevance of the scientific work lies in the fact that currently, due to the lack of a single and established concept of "legal certainty" and its constituent elements, contradictions arise regarding its interpretation and practical application in today's complex conditions. As a result of the study, individual decisions of the European Court of Human Rights and the Constitutional Court of Ukraine were analyzed, as well as scientific approaches that ensure the proper interpretation and effective application of the principle of legal certainty, its adaptation to the Ukrainian law enforcement mechanism. The purpose of the article is to analyze the concepts of the rule of law and legal certainty, characterize their constituent elements, and the features of their functioning in the conditions of modern military realities in Ukraine and hybrid confrontations in the world. Particular attention is paid to the analysis of requirements for individual elements of legal certainty, in particular, such as clarity, clarity, precision of the law, accessibility and comprehensibility of legal norms, legal predictability, stability and immutability of legislation, guarantee of legitimate expectations, certainty of the powers of government bodies, established judicial practice, etc. It is noted that on the path of rapprochement with the European Union, the issues of ensuring parity between national and international interests remain extremely relevant for Ukraine. It is concluded that, despite the full-scale invasion, Ukraine is actively continuing significant dynamic reformatting of national legislation in the context of European integration processes. However, it is emphasized that the dynamics of such changes and the conditions in which they occur threaten such factors as the stability of the legal status of individuals, the formation of their legitimate expectations, protection from the arbitrariness of state power, the stability and inviolability of the constitutional order, etc.
Keywords: the principle of law; the rule of law; legal certainty; legitimate expectations; the European Court of Human Rights; the Constitutional Court of Ukraine.
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