IMPLEMENTATION OF THE PRINCIPLE OF LEGAL CERTAINTY THROUGH THE PRISM OF THE PROTECTION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Abstract

The article examines the principle of legal certainty, its implementation in the process of protection of human and civil rights and freedoms. It is noted that in a broad sense, the principle of legal certainty is a set of requirements for the organization and functioning of the legal system in order to ensure a stable legal status of man by improving the processes of lawmaking and law enforcement. At the same time, for the modern constitutional state, the highest achievement should be the trust of citizens in the state itself and its institutions. Such trust can be based only on the harmonious interaction of the legal certainty of the current legislation and its similar effect in practice. Adherence to the principle of legal certainty clearly defines the limits of state power, maximally achieves transparency in the state-man relationship, thereby ensuring respect for human and civil rights and freedoms. It is emphasized that the principle of legal certainty, as one of the essential elements of the principle of the rule of law, is based on the provision of res judicata known from Roman law (Latin “decided case”), according to which the final decision of a competent court binding on the parties and cannot be viewed. It is concluded that the concept and idea of “legal certainty” is a rather complex, multifaceted, multifaceted category for both legal doctrine and legal practice. Legal certainty is a universal principle in all areas of legal activity. This follows from the fact that, firstly, in the legislative sphere, legal certainty is a key criterion of quality and the main purpose of this type of activity. Secondly, legal certainty is the most important tool and means in the process of implementing constitutional control by the judiciary. The Supreme Judicial Body of Constitutional Control has repeatedly established that the uncertainty of the law is in itself unconstitutional, because it allows the law enforcer to abuse his position, to interpret the law differently depending on his own interest, puts the subjects of law in unequal conditions.