Principles of legal certainty in the activity of courts and other bodies of state power.

Abstract

At present, there are a lot of issues in Ukraine that are getting to grips with the pressing issues of the courts. Judgments sometimes raise complaints that may be due to a failure to comply with a number of important principles in their decision-making process. In this article, I would like to draw attention to the problem of adherence to the principles of justice, which have been repeatedly referred to in the judgments of the European Court of Human Rights. Often, this problem is that Ukraine's prolonged anti-democratic past has led to a lack of both a proper understanding of the substance and content of these principles and a lack of traditions in their application. These principles are relatively new to Ukraine, so it is difficult to overestimate the relevance of the study of their nature and content.

One such principle is the principle of legal certainty. It is extremely important for the protection of the rights of both individuals and legal entities, including in the courts. However, in the context of the analysis of the case law of the European Court of Human Rights on the principle of legal certainty, the emphasis is on protecting the rights and freedoms of individuals.

Іt should be noted that compliance with the principle of legal certainty is extremely important for the courts to protect the rights and freedoms of persons who apply to the courts. A number of judgments of the European Court of Human Rights indicate that the litigation reveals such elements of the principle as a clear statement of the reason on which a person is restricted or deprived of his liberty, the impossibility of reversing a final judgment, etc. At the same time, the emphasis on the judicial content of this principle often gives reasons to ignore the importance of its observance also by other branches of power – legislative, executive. Therefore, it is important to pay full attention to the content of the principle of legal certainty in the broad, not the narrow sense. A step forward in this direction was taken by the Constitutional Court of Ukraine in the motivating part of the decision in the case of the Verkhovna Rada of Ukraine Regulation No. 4-rp / 2008 of April 1, 2008. The prospect of further research in this area is to find the most effective ways of disseminating information on the content of the principle of legal certainty in the broadest sense.