Matvyeyeva Y. The principle of legal certainty as a component of the rule of law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005040

Applicant for

Specialization

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

29-11-2019

Specialized Academic Board

К 26.008.04

National University of Kyiv-Mohyla Academy

Essay

Summary of the main content of the thesis. Thesis analyzes essence, formation, evolution, and modern understanding of the principle of legal certainty as one of the most important components of the rule of law, its relation to other similar concepts; basic requirements of the principle of legal certainty for rule-making and law enforcement, and particularly for litigation practice. The research was a basis for the proposal of a combined scientific and methodological approach to understanding the principle of legal certainty as a comprehensive concept including many aspects, which consists of constituent sub-principles and classification of requirements for rule-making and law enforcement. Section I, “General Theoretical and Historical and Legal Aspects of Understanding the Principle of Legal Certainty as a Component of Rule of Law”, analyzes the essence and relation to other similar principles such as: legal security, predictability, irreversibility of legal acts, protection of trust, etc. within the research question. The study concludes that the principle of legal certainty constitutes a concept with many aspects making it impossible to propose its universal definition. The essence of this phenomenon should be revealed through a number of constituent elements.

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