Abramovych R. Non-retroactivity of law principle: evolution, current state and perspective of it's application improvement in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005404

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

17-09-2015

Specialized Academic Board

К 26.008.04

National University of Kyiv-Mohyla Academy

Essay

Based on achievements of world legal theory and practice, it is examined evolution of the idea, theory and principle of non-retroactivity of law and evolution of exception thereto in the thesis; it is tracked correlation of the exception to the non-retroactivity principle with other types of temporal action of legal provisions; it is analysed and classified main laws of states belonging to various legal regimes in respect of "Lex ad praetorian non valet" principle stipulation therein, it is researched wording constraction of this principle depending on legal regime a country belongs to; it is comprehensively researched international judicial practice in respect of the non-retroactivity principle application, based on the practice of Nuremberg process, European Court on Human Rights, Federal Constitutional Court of Germany etc; it is summarized practice of application of non-retroactivity of law principle by courts of general jurisdiction in Ukraine; it is analysed legal position of Constitutional Court of Ukraine in relation to interpretation of the article 58 of the Constitution of Ukraine and discovered some ambiguity and contradictions therein, some ways of it's elimination were offered; it was researched a place of non-retroactivity principle in Ukrainian legislation; some directions of improvement of the principle wording in the main Law of the country were offered.

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