Legal certainty in law enforcement through the prism of ECtHR decisions
نویسندگان
چکیده
The problems of legal certainty and uncertainty are growing significantly in the field lawmaking law enforcement. Thus, threatening consequences this weakening rule around world number Ukrainian citizens applying to European Court Human Rights (ECtHR). article traces brief genesis principle "res judicata", emphasizes various manifestations forms certainty, clarifies two groups requirements for it. In study, main attention is paid peculiarities aimed at determining features court proceedings based on analysis generalization ECtHR decisions. It substantiated that generalized form elemental composition enforcement includes: interpretation (in particular, judicial) normative acts separate norms; legality resolving conflicts eliminating gaps current legislation; stability decisions; unity judicial practice. case institutions matters characterized by position problem should be resolved each taking into account facts case, their terms identity, relationship between them, as well proneness, a combination dynamism, general special. Research methods used authors include analysis, synthesis, induction, deduction, comparative-legal, formal-legal logical-legal methods.
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ژورنال
عنوان ژورنال: Revista Amazonia Investiga
سال: 2022
ISSN: ['2322-6307']
DOI: https://doi.org/10.34069/ai/2022.59.11.4