TEMPORARY PRINCIPLES OF ORGANIZATION OF FAIR TRIAL

P. Guyvan
2021 International Law Almanac  
This article is devoted to the research of the topical issue of temporal certainty about the organization of justice. An assessment of general international approaches to ensuring this element of the rule of law as part of a fair trial is provided. It is emphasized that legal certainty is defined as the legal impact on public relations, which structurally includes two main stages: the creation of optimal legal requirements and their direct implementation. It is established that the requirements
more » ... for regulations arising from the principle of legal certainty relate not only to law-making, but also manifest themselves at the stage of law enforcement. In other words, these requirements concern: certainty of legislation, certainty of powers and certainty of court decisions. In this context, one of the requirements applied by European legal institutions to national justice is to ensure the adaptation of the behaviour of a particular entity to the normative conditions of legal reality, protection from arbitrary interference by the state, confidence in their legal status. They are included in the content of the concept of legal certainty, which allows a person to confidently plan their actions. To do this, legal norms must be clear and aimed at ensuring the predictability of situations that arise in certain legal relations mediated by law. In the temporal aspect, the defining elements of legal certainty are such manifestations as the inviolability and irrevocability of acquired legal rights; legality of expectations -the right of a person in his actions to rely on the sustainability of existing legislation; the irreversibility of the law and the impossibility of applying the law to a person who could not know about its existence. Therefore, the rule of predictability of law in a particular situation is associated with the stability of law-making and law enforcement. The paper presents specific decisions of the European Court of Human Rights aimed at resolving issues of temporal certainty in law enforcement. АЛЬМАНАХ МІЖНАРОДНОГО ПРАВА • Випуск 25 • Particular attention is paid to such an element as the requirement of mandatory publication of regulations, as a result of which the norms adopted by public authorities cannot be applied to persons who are not informed about it.
doi:10.32841/ila.2021.25.06 fatcat:tcacvrdcznavznwadasnegmjiu