Principle of legal certainty as a component of the rule of law

Abstract

This article analyzes one of the key components of the concept of «rule of law» — the principle of legal certainty. The paper emphasizes that legal certainty must primarily be ensured at the level of legal norms, which are fundamental elements of legal regulation. It is stressed that legal certainty should be maintained both during the creation of legal norms and in their subsequent application. Additionally, the paper explores aspects of this principle such as the legality of expectations, restrictions on the discretionary powers of public authorities, and the prohibition of courts applying acts that are not in force or have not been officially published. Examples of violations of the principle of legal certainty by national courts are provided, along with corresponding measures to rectify the situation.

The article also discusses the principle of legal certainty as an integral part of the rule of law in the context of the Ukrainian legal system. The author examines the importance of legal certainty at the stages of creating and applying legal norms, highlighting that it ensures predictability of legal consequences, stability of legal regulation, and the effective functioning of a democratic society. The paper argues that legal certainty promotes the correct interpretation and application of legal norms, guarantees legal stability, and protects citizens' rights.

Special attention is given to the violations of the principle of legal certainty in Ukraine, particularly due to the insufficient qualification of legal practitioners, which leads to uncertainty and inconsistency in judicial decisions. The paper also addresses problems arising from the retroactive application of laws or from laws not being officially published. The author stresses the need to raise standards for the specification of legal norms and to improve the qualification of judges and legal practitioners. To achieve true rule of law in Ukraine, it is important to focus on improving judicial practices, legal acts, and the continuous development of legal education.

The research concludes by reaffirming that legal certainty is essential for the protection of citizens' rights and the stability of legal systems. The rule of law cannot function effectively without it. Legal certainty contributes not only to predictable and transparent legal outcomes but also to the overall trust in the legal system, which is crucial for societal development. The paper calls for urgent reforms in Ukraine’s judicial and legislative processes to achieve a truly fair and efficient rule of law.