The principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

• Main Author: М. І. Панов
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2015-03-01
• Series: Проблеми Законності
• Subjects: principle of legal certainty; the quality of the law on criminal responsibility; the accuracy of criminal law; the epistemological aspect; the logical aspect; the linguistic aspect; pragmatic aspect of precision of criminal law; the legislative machinery
• Online Access: http://plaw.nlu.edu.ua/article/view/52082

The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.