The dissertation carries out a comprehensive study of the implementation of the principle of legal certainty through the prism of domestic and foreign experience.
It is proved that the formation of the principle of legal certainty took place over a long period of time through the genesis of general ideas about the stability and predictability of the norms of law to the concept, and later the principle of legal certainty, and is immanently connected with the development of law as a systemic phenomenon (ontological aspect), the processes of its cognition ( epistemological aspect), awareness of its value for a person, society, state (anthropological and axiological aspects). On the basis of the analysis and generalization of the sources of law, views of domestic and foreign scientists, a conditional periodization of the genesis of ideas about legal certainty is proposed, eight main stages are singled out and characterized. Modern scientific sources of domestic and foreign scientists are systematized, the main directions and aspects of the research of the principle of legal certainty in modern legal science are highlighted. The existence of tendencies to intensify the general theoretical and branch research of the principle of legal certainty as an urgent need to combine the stability and dynamism of legal regulation in conditions of growing uncertainty in all spheres of society is proven.
Characteristic signs of legal certainty were identified and the author's interpretation of the concept of legal certainty as a qualitative characteristic of law reflecting legal predictability and predictability for a person, society, and state was proposed; optimal regulation of social relations, combining legal stability and legal development; is ensured by the limitation of discretionary powers and compliance with a set of substantive and procedural requirements for the formulation, presentation, implementation and application of legal norms, which in their complementarity are combined in the corresponding principle.
The author's vision of the implementation of the principle of legal certainty as a specific legal construction that reflects the purposeful and systematic activity of legal entities aimed at regulating social relations, ensuring their stability and development by establishing a set of interrelated requirements that can be traced to varying degrees in the subsystems of the legal system is substantiated (first of all, requirements for the norms of law, law-making, law-enforcement activities and their subjects, limitations of discretionary powers), combines a cognitive (cognitive), normative, axiological and anthropological character; determined by the level of development of legal technology and law enforcement; correlatively related to human needs and consciousness.
It has been proven that the legal basis for the implementation of the principle of legal certainty is legal acts of hard and soft law, which are conditionally combined into three groups: legal acts at the international level; legal acts at the regional, in particular, European level; legal acts in national law. It was established that at the international level, the principle of legal certainty and its requirements are established indirectly, through the principle of the rule of law, primarily in legal acts in the field of human rights; at the regional, particularly European level, the principle of legal certainty is established as a component of the principle of the rule of law and a separate principle. The substantive fulfillment of the principle of legal certainty occurs thanks to the judicial practice of the ECtHR, the European Court. At the national level, the principle of legal certainty is enshrined in the Constitution of Ukraine, Codes, laws, decisions of the KSU and Supreme Court. On the basis of the analysis of legal acts of the international, European and national levels, the tendency to consolidate the requirements of the principle of legal certainty in legal acts in the field of human rights, justice, and ensuring sustainable development is substantiated.
It has been established that the content of the principle of legal certainty, its features in various branches of law are determined by the specificity of legal relations. It has been proven that the implementation of the principle of legal certainty in procedural activity takes place in various legal forms. In the civil process, the implementation of the principle is embodied in the system of appeals and grounds for review of judicial acts that have entered into force. In the criminal process, legal certainty implies predictability and clarity of its course, consequences, legal position of its participants, as well as other persons whose rights and legitimate interests are affected...
