THE PRACTICE OF IMPLEMENTING THE PRINCIPLE OF LEGAL CERTAINTY AS A COMPONENT OF THE RULE OF LAW

Abstract

The article analyzes the historical preconditions for the formation of the "rule of law" as an independent legal category and legal doctrine of modernity. A doctrinal interpretation of the principle of the rule of law, first, as a single phenomenon of European culture, covering the experience of both English-speaking and continental European countries; secondly, in the context of globalization, as a universal principle of coexistence and cooperation between different peoples and cultures. The results of a study by an independent international non-governmental organization, in particular the World Justice Project (WJP) on the ranking of world achievements in terms of providing them with a legal environment based on universal principles of the rule of law and Ukraine's place in the ranking. It is emphasized that the effective implementation of the rule of law is primarily related to law-making and law enforcement activities. In particular, one of the requirements for ensuring the rule of law in the state is consistent and strict adherence to the principle of legal certainty. Based on the analysis of professional publications on the problems of understanding and practice of implementing the principle of legal certainty, it is proposed to understand the latter, first of all, the clarity of legal regulations. In turn, the analysis of the decisions of the Constitutional Court of Ukraine allows to reveal the legal certainty through the following categories: clarity, clarity, unambiguity of the provisions of the legislation; predictability and respect for the legitimate expectations of citizens; the requirement of finality of court decisions and their strict enforcement – res judicata; counteracting the arbitrariness of public authorities, limiting the discretionary powers of public authorities. Based on the decisions of the ECtHR on the observance of the principle of legal certainty in legislative and law enforcement processes, we concluded that legal certainty, as an element of the rule of law, requires clarity and clarity (accuracy) of national laws, violation of which ultimately leads to violation of rights. man. These requirements are the key to its proper interpretation and, consequently, implementation. Uncertainty, vagueness of the legal norm leads to its different understanding and interpretation, which in practical terms leads to its different application. Such unregulation or lack of certainty in the activities of public authorities regarding the person, in particular the provision, observance or realization of human and civil rights and freedoms, can have negative consequences and lead to arbitrariness.