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Journal articles on the topic 'The principle of legal certainty'

Author: Grafiati

Published: 24 April 2022

Last updated: 30 July 2025

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1

Smorodynskyi, Viktor. "Legal Certainty." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 185–201. http://dx.doi.org/10.21564/2707-7039.2.242858.

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Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legi

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2

Yusupov, Ilhomjon. "THEORETICAL AND LEGAL ISSUES OF APPLYING THE PRINCIPLE OF LEGAL CERTAINTY IN THE LEGISLATIVE PROCESS." Jurisprudence 2, no. 5 (2022): 6–13. http://dx.doi.org/10.51788/tsul.jurisprudence.2.5./utch8095.

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Any legislative system and branch of law operate on the basis of specific basic rules and criteria combined based on certain generality. These criteria directly serve as a basis for all areas of law. This criterion is manifested in the form of legal principles. This scientific article provides substantiated opinions on the concept of the principles of law and the principle of legal certainty, the role and importance of the principle of legal certainty in the legislative process. The specific aspects of the principle of legal certainty, the results that can be expected as a result of the widesp

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3

Yarema, O. G. "The principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 449–54. http://dx.doi.org/10.24144/2788-6018.2023.05.80.

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The article examines the theoretical and legal foundations of the principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings. The relevance is because the studied principle reflects and concretizes one of the main and specific ideas of law, which distinguishes it from other social regulators, the idea of certainty. The subject of the study is the principle of legal certainty of law, its aspects, functions, and place in the system of principles of administrative proceedings in relation to the mechanism of legal regulation. The methodological

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Rimoli, Francesco, Juliana Salvetti, Marcelo Lamy, and Luiz Carlos de Souza Auricchio. "Certeza do direito e multiplicação das fontes normativas: uma reflexão sobre o contexto italiano." Revista Brasileira de Direito Constitucional 7, no. 1 (2006): 205–30. https://doi.org/10.62530/rbdcv7n1p205.

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Summary: 1. Certainty of law: principle or value? 2. Certainty as a defining problem. 3. Clarity of the norm, certainty of legal relations and systemic functions. 4. Certainty and interpretation. The role of the judge between predictability and integrative justice. 5. Stability and mutation as a problem of legal systems. Principle of certainty and certainty of principles. 6. Integrative uncertainty and “ductile law”: still in the sense of a law by principles? 7. Certainty and trust: coherence as a limit to nomopoiesis (creation of law)? 8. Systemic uncertainty and multiplication of sources: a

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Shcherbanyuk, O., and L. Bzova. "Application of the principle of legal significance when considering administrative cases." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 364–68. http://dx.doi.org/10.24144/2307-3322.2022.70.58.

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The principle is the starting point for the analysis, interpretation and application of any system. The principle is substantiated by the fact that in the administrative sphere it is common to change the interpretation of certain legal norms with a corresponding change of orientation, which has a normative character, affecting situations that are already recognized and enshrined in force. The increasing proclamation of the principle of legal certainty, which is becoming more and more widespread, sometimes creates exaggerations, sometimes unjustified risks, which imposes its delimitation in acc

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Wardhani, Shinta Novi. "Kekuatan Hukum Sertifikat Hak Atas Tanah Dikaitkan Dengan Kepastian Hukum Dalam Pendaftaran Tanah." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 21, no. 1 (2018): 61–85. http://dx.doi.org/10.15642/alqanun.2018.21.1.61-85.

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This paper is to examine two matters, firstly, the legal power of the land title certificate is related to legal certainty in land registration, and, secondly, legal remedies undertaken to ensure legal certainty in land affairs. At the end of this paper, it is concluded that: first, the legal power of the land title certificate is a guarantee of legal certainty from the certificate as a proof of ownership which is strong, provided that it is not proven otherwise by others who feel entitled and have evidence to prove it. And, secondly, the efforts to be taken to guarantee legal certainty in the

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Սարգսյան, Անի. "Իրավունքի որոշակիության պատմափիլիսոփայական ասպեկտները". State and Law 99, № 2 (2025): 20–32. https://doi.org/10.46991/sl/2024.99.020.

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Within the framework of this scientific article, the author discussed the legal content of the terms “certainty of act”, “certainty of law”, “legal certainty”, “formal certainty of law”, “uncertainty of law”, “legal uncertainty”. The analysis was carried out on the basis of a comprehensive study of the works of a number of lawyer-scientists and philosophers G.F. Hegel and I. Kant. The author touched upon the problem of certainty and uncertainty of law, certainty of law and law-making activity, as well as the relationship with other principles of law. The author came to the conclusion that the

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8

Ogneviuk, H. Z. "ANTROPOLOGICAL APPROACHES IN LEGAL CERTAINTY RESEARCH." Anthropological Measurements of Philosophical Research, no. 14 (December 11, 2018): 62–72. https://doi.org/10.15802/ampr.v0i14.150573.

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<strong>Purpose.</strong> The study is aimed at highlighting in the historical-comparative context the influence of anthropological teachings on the development and formation of such a legal phenomenon as "legal certainty", proving that the category of legal certainty appeared as a consequence of anthropocentric philosophical approach in law. <strong>Theoretical basis. </strong>In the article, using the system approach, the content of the term "legal certainty" was analyzed. The axiological approach allowed generalizing various manifestations of legal certain

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9

IVANOV, NIKITA G. "THE PRINCIPLE OF LEGAL CERTAINTY." Lobbying in the Legislative Process 3, no. 3 (2024): 11–15. http://dx.doi.org/10.33693/2782-7372-2024-3-3-11-15.

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The article analyzes the principle of legal certainty, which is the subject of consideration not only of the legal doctrine, but also of the Constitutional Court of Russia, as well as international judicial bodies. A legal norm should have a concretized expression, but in a number of cases, the specificity of the normative material is either difficult or impossible due to various reasons. Nevertheless, it is inexpedient to get rid of such norms with an indefinite content, since they have a pragmatic load and correspond to the principle of justice, which, in particular, is expressed in the idea

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10

Jelita Katili, Julastrid. "Menilik Perjanjian Kerja Sebagai Perwujudan Terpenuhinya Hak dan Kewajiban Para Pihak." Syntax Idea 5, no. 11 (2023): 2044–51. http://dx.doi.org/10.46799/syntax-idea.v5i11.2545.

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One of the bases in the employment relationship which gives rise to an engagement or legal relationship for the parties is the employment agreement which gives rise to the rights and obligations of the parties. The existence of work agreements regulated in Law Number 13 of 2003 concerning Employment is expected to realize the rights and obligations of the parties fairly, however in practice this has not been fully fulfilled. The principles of contract law must be fulfilled and in harmony with the principles contained in the employment agreement. These principles include the principle of freedo

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11

Raitio, Juha. "Oikeusvaltio ja oikeusvarmuus Euroopan unionissa." Annales Academiae Scientiarum Fennicae 1, no. 1 (2022): 44–59. http://dx.doi.org/10.57048/aasf.122849.

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In this article the EU concepts of rule of law and legal certainty are studied from the perspective of legal theory and EU law. The rule of law and legal certainty are both underlying principles of Western societies. They are neither defined in any paragraph of national laws nor in international treaties. Both are principles, which comprise various more precise principles from the perspective of their scope of application. The rule of law is both normative and legal cultural principle, which illustrates the legal system of an active civil society in the European context. Legal certainty, in tu

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12

Ilyuhina, Vera. "The principle of legal certainty in the Russian and Armenian legal systems (comparative analysis)." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2023, no. 3 (2023): 32–38. http://dx.doi.org/10.36511/2078-5356-2023-3-32-38.

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A comparative analysis of the place of the principle of legal certainty in the legal systems of the Russian Federation and the Republic of Armenia is carried out. It is concluded that in the Russian Federation the principle of legal certainty is a doctrinal principle that does not have direct normative consolidation, it is an element of the legal system, but not the system of law. In the Republic of Armenia, the principle of legal certainty is a principle-norm, enshrined at the constitutional level, and is an element of both the legal system and the system of law. At the same time, in the law

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13

Nasikhin, Muh, L. M. Hayyanul Haq, and Zainal Asikin. "Creating Legal Certainty in Sharia Banking Law Systems through the Embodiment of Sharia Compliance Principle." Mediterranean Journal of Social Sciences 8, no. 4-1 (2017): 153–59. http://dx.doi.org/10.2478/mjss-2018-0085.

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Abstract This work is aimed at creating legal certainty sharia compliance arrangements in sharia banking law systems. This idea is highly required to improve the credibility of the sharia-based business activities. Certainly, this study is relevant to solve some normative problems in regulating and managing of the sharia banking activities, particularly regarding sharia compliance. In detail those normative problems can be seen from the inconsistence and ambiguous norms, conflicted norms and legal vacuum in regulating sharia compliance principle. To visualize and elaborate the above issues, th

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14

Bulkat, M. "Review of the monograph by G.Z. Ostapenko "The Principle of Legal Determination: Theoretical and Applied Principles"." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 792–93. http://dx.doi.org/10.24144/2788-6018.2024.04.128.

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The monograph is devoted to the actual problem of applying the principle of legal certainty, which the author proposes to consider in the theoretical and law-enforcement plane. A number of works that previously raised the issue of the principle of legal certainty, new for Ukrainian legal science, although they noted its connection with the principle of the rule of law, still did not give a comprehensive answer either about its content or about its place in the system of legal principles. Therefore, the appearance of such a complex monograph, which raises a number of questions from philosophica

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15

Gultom Rosmaida Feriana and Zainal Arifin Hosein. "Discontinuity in Regulations Regarding Health Workers in Health Law Legislation with the Principle of Legal Certainty." Majelis: Jurnal Hukum Indonesia 1, no. 4 (2024): 58–69. http://dx.doi.org/10.62383/majelis.v1i4.279.

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The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers'

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16

Gribova, Evangelina. "The principle of legal certainty: concept and main characteristics." Advances in Law Studies 9, no. 3 (2021): 16–20. http://dx.doi.org/10.29039/2409-5087-2021-9-3-16-20.

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The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law since the emergence of legal conflicts and legal disputes is often associated with the search for certainty in the law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it of a non-legal nature.

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17

OSTAPENKO, Hanna. "Role of Legal Certainty in Providing Economic Security: Ukraine’s Experience." Theoretical and Practical Research in Economic Fields 14, no. 2 (2023): 215. http://dx.doi.org/10.14505/tpref.v14.2(28).02.

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Economic security is an element of the national security of the country. Even though regulation of economic security implies developing economic sectors or preventing threats, legal principles are not usually considered. The article analyzes how legal certainty as a principle forms a favorable environment, produces reliability, and encourages market players to realize their economic and entrepreneurial initiatives, provided that the country ensures a high level of it. A plurality of the elements of legal certainty makes the influence of the principle of legal certainty on the economic situatio

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18

Yanto, Errin Seth, and Tri Lasmaria. "PENGELOLAAN BARANG MILIK DAERAH PADA BADAN PENGELOLA KEUANGAN DAN ASET DAERAH KOTA PALANGKA RAYA." Restorica: Jurnal Ilmiah Ilmu Administrasi Negara dan Ilmu Komunikasi 8, no. 1 (2022): 1–10. http://dx.doi.org/10.33084/restorica.v8i1.3274.

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This research are (1) to find out the management of regional property carried out by the Regional Financial and Asset Management Agency of Palangka Raya City. (2) To find out the factors that hinder Management Regional Financial and Asset Management of Regional Property of the Palangka Raya City Government.This research approach uses qualitative, this study usesinterview guidelines as a research instrument. Qualitatively, the study found that, based on the operational standards in the Regulation of the Minister of Home Affairs Number 19 of 2016 regarding the use, utilization, and transfer of R

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19

Yesi Arfianto. "Penerapan Asas Keadilan, Kemanfaatan, dan Kepastian Hukumdalam Kebijakan Pengampunan Pajak (Tax Amnesty) di Indonesia." Wijayakusuma Law Review 3, no. 1 (2021): 55–66. http://dx.doi.org/10.51921/jehs6x39.

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The purpose of this study is to determine the application of the principles of justice, benefit, and legal certainty intax amnesty policies in Indonesia. There are many problems in society related to the absence of the principle ofjustice and the principle of legal certainty in the implementation of tax amnesty policies based on Law Number11 of 2016 concerning Tax Amnesty. This study uses a descriptive normative type of research based on thematerials collected, both primary and secondary legal materials. The research approach used by the author is astatutory approach. The results of the study

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20

Khabibullaev, Davlatjon. ""MUTUAL ANALYSIS OF PROCEDURAL FAIRNESS AND PROCEDURAL LEGALITY IN THE CONDUCT OF CIVIL COURT CASES "." Jurisprudence 4, no. 4 (2024): 105–13. https://doi.org/10.51788/tsul.jurisprudence.4.4./nuci1185.

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"This article analyzes the doctrines of procedural fairness and procedural legality in the conduct of civil court cases. The concepts of correct and timely consideration and resolution of civil cases were studied on the basis of the scientific and theoretical views of legal scholars. The “Basic Principles of Independence of Judges” approved by the UN resolution, as well as the principle of legal certainty in clear, complete, reasonable, fair, and understandable adjudication by courts, as well as the scientific-theoretical views of legal scholars on this subject, were analyzed, and the signific

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21

Kevin Yudha Pratama and Demson Tiopan. "Penerapan Pasal 47 Undang-Undang Nomor 34 Tahun 2004 tentang Tentara Nasional Indonesia terkait Penempatan Militer Aktif ke Lembaga Negara didasarkan Asas Kepastian Hukum dan Asas-Asas Umum Pemerintah yang Baik (AUPB)." As-Syar i: Jurnal Bimbingan & Konseling Keluarga 7, no. 2 (2025): 557–76. https://doi.org/10.47467/as.v7i2.7650.

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Article 47 of Law Number 34 of 2004 concerning the Indonesian National Army limits the placement of active soldiers in civilian positions, except in certain institutions. However, in practice there are cases of active military deployment that raise legal debates related to the principle of legal certainty and the General Principles of Good Governance (AUPB) such as the principle of legality, the principle of professionalism, the principle of accountability, and the principle of proportionality. This raises questions about the consistency of the application of regulations in governance. This re

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Mannas, Yussy Adelina, and Siska Elvandari. "Legal Certainty of Implementing Telemedicine Services in Indonesia as Effort Towards Renewal of National Health Law." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 11, no. 4 (2022): 797. http://dx.doi.org/10.24843/jmhu.2022.v11.i04.p07.

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Digital health services are carried out without direct interaction between doctors and patients, where patients only need to consult with doctors in virtual rooms, such as through electronic media and social media, known as Telemedicine. Apart from the hope that telemedicine promises various conveniences and opportunities so that it can be used as a solution in overcoming health problems, it is also realized that telemedicine brings potential legal problems in medical practice. Many of the legal implications of medicolegal telemedicine Other important aspects are the doctor-patient relationshi

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Faisal, Faisal. "Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia." REUSAM: Jurnal Ilmu Hukum 3, no. 1 (2015): 1. http://dx.doi.org/10.29103/reusam.v3i1.1947.

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According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of lega

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Hakim, Muh Ridha. "IMPLEMENTASI RECHTSVINDING YANG BERKARAKTERISTIK HUKUM PROGRESIF." Jurnal Hukum dan Peradilan 5, no. 2 (2018): 227. http://dx.doi.org/10.25216/jhp.5.2.2016.227-248.

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The fundamental purpose of law is to create justice, legal certainty and utility. The contradiction between justice and legal certainty are dilemmatic for law enforcement officer. The legal certainty side is easier to be applied so that it neglect the justice itself. The law principle is unhierarchical, thus there is no superior principle which can ignore the other principle. The relevance of the application of legal principles is based on the situation in legal issues. Responding to these challenges appear paradigm of progressive law that the law is a scheme that is not final, it continues to

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25

Ostapenko, H. "LEGAL CERTAINTY IN THE ASPECT OF LOCAL GOVERNMENT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 59–63. http://dx.doi.org/10.17721/1728-2195/2021/4.119-11.

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The article addresses the analyses of adherence to the legal certainty principle while the local government exercises its powers, which are enlarged during the reform of decentralization. It is stated that while the powers belonged to state government, the adherence of the legal certainty principle was found as very important to protect citizens from unpredictable and unequal treatment. So as soon as the powers were handed over to local government the protection of legal certainty principle still remains actual. Legal certainty requires clarity and legibility of legal provisions, limitation of

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Chevalier, Emilie. "The Case of Legal Certainty, an Uncertain Transplant Process in France." Review of European Administrative Law 14, no. 1 (2021): 95–119. http://dx.doi.org/10.7590/187479821x16190058548745.

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The reception of the fundamental principle of legal certainty in France shows how the characteristics of the French administrative system have consequences for the development and consideration of this principle. An analysis of the transplantation process reveals that it has been largely prepared, knowingly or unknowingly, to allow the principle of legal certainty to find at least a partial place in the French administrative system. It also shows the central role of the administrative judge in this process which led to the adaptation of the principle of legal certainty to the French legal orde

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Entin, Kirill. "Legal certainty as a general principle of European Union and Eurasian Economic Union law." Meždunarodnoe pravosudie 13, no. 1 (2023): 40–57. https://doi.org/10.21128/2226-2059-2023-1-40-57.

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The creation of general principles of European Union law is rightly considered to be one of the most important achievements of the Court of Justice of the EU and a significant contribution to the development of the EU legal order. The general principles of EU law perform a triple function by filling gaps in the law, interpreting secondary rules, and providing separate grounds of review of the legality of the acts of EU institutions and of EU Member States. Since 2016–2017 the Court of the EAEU has also started formulating general principles of Union law including, among others, the principles

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Ostapenko, Hanna Zinovyivna. "Providing legal certainty in Ukraine: actual status and routs for the implementation." Alʹmanah prava, no. 15 (September 1, 2024): 375–80. https://doi.org/10.33663/2524-017x-2024-15-375-380.

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The article analyzes legal certainty principle as the requirement of the rule of law and discusses the application of this principle in Ukraine with the aim to introduce practical solutions and improve its implementation. The difficulties to sustain legal certainty caused by reforms in different spheres of legal practice and crucial sociopolitical situation formed the necessity of prompt legal changes that resulted in setting out new legislation as a response to existing demands. The common solution in this situation is the improvement of the legislation by making changes, introduction of the

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Widjojo, Anne Gunadi Martono, and Maria Pranatia. "Regulation of Maladministration of the National Land Agency as the Embodiment of Principles of Legal Certainty of Land Ownership." Science of Law 2025, no. 2 (2025): 121–27. https://doi.org/10.55284/wsg79040.

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Land registration guarantees legal certainty, so the government is obliged to ensure the validity of legal data on land ownership rights. The authority of the National Land Agency (BPN) is often abused, either through negligence or intentionally, causing land administration problems, as reflected in Supreme Court Decision No. 458 PK/PDT/2021. The BPN, as the authority responsible for providing legal certainty to the public regarding such matters, is the entity that caused the issuance of two certificates on the same piece of land. The type of research used is normative empirical legal research

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Aditya, Zaka Firma. "Does the Judiciary Support Legal Certainty? An Indonesian Perspective." Frontiers in Law 2 (April 1, 2023): 15–23. http://dx.doi.org/10.6000/2817-2302.2023.02.03.

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Many legal thinkers have tried to interpret what and how the principle of legal certainty enforced. In both civil and common law traditions, legal certainty is considered a value and the basis for the legality of public authorities' legislative and administrative actions. The meaning of these two views, both Civil law and Common law, is that legal certainty is the embodiment of the principle of legal legality or in other words, legal certainty related to law enforcement itself. Interestingly, legal certainty begins with the legal uncertainty created by the institutions that form it. The judge'

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Matvieieva, Yuliia. "Dual Nature of Law, Legal Certainty and Correctness (Justice) of Law." NaUKMA Research Papers. Law 8 (March 24, 2022): 34–41. http://dx.doi.org/10.18523/2617-2607.2021.8.34-41.

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The article reveals the importance of combining the moral basis and the formal content in the nature of law. The practical significance of German legal philosopher Robert Alexy’s theory of the dual nature of law is investigated. Duality presupposes that law necessarily includes both real, or factual, and ideal, or critical, dimensions. The actual dimension is represented by elements of official origin and social efficiency, while the ideal dimension is expressed in the element of moral correctness. Accordingly, the thesis of the dual nature of law presupposes non-positivism. Importance is bein

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Lasiński-Sulecki, Krzysztof. "Article: Legal Certainty in Tax and Customs Judgments of the Court of Justice." EC Tax Review 33, Issue 2 (2024): 68–76. http://dx.doi.org/10.54648/ecta2024008.

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Legal certainty is one of the general principles of European Union law. It is common to the Member States’ constitutional orders. It is of utmost importance in the spheres of tax and customs law where the application of legal rules entails financial consequences. The understanding and significance of this principle have been developed since the early case-law of the Court of Justice. Delineating its precise scope of application reveals certain inconsistencies that are worthy of analysis. general principles, legal certainty, legitimate expectations, directive, linguistic interpretation, multili

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Huhta, Kaisa. "Anchoring the energy transition with legal certainty in EU law." Maastricht Journal of European and Comparative Law 27, no. 4 (2020): 425–44. http://dx.doi.org/10.1177/1023263x20932056.

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This article examines the principle of legal certainty in the context of low-carbon investment in the electricity sector. It analyses the interpretation and functions of legal certainty as a constitutional principle of EU law and explores how they operate in the low-carbon transition. The analysis is conducted in the context of conflicting roles of law in the energy transition. On the one hand, the low-carbon transition requires new investment, which demands stable and predictable legal frameworks. On the other hand, the energy transition calls for the continuous development of legal framework

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Tampubolon, Subiarto Aprido, Irawan Harahap, and Bagio Kadaryanto. "KEDUDUKAN HUKUM SURAT TELEGRAM KABARESKRIM KEPOLISIAN REPUBLIK INDONESIA TENTANG PENGEMBALIAN KERUGIAN KEUANGAN NEGARA MENGENYAMPINGKAN TINDAK PIDANA KORUPSI." Juris 8, no. 2 (2024): 452–69. https://doi.org/10.56301/juris.v8i2.1347.

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The policy of returning state losses to drop criminal proceedings that have the potential to weaken law enforcement, damage legal certainty, create moral hazard, and be unfair to the wider community. Returning state losses is important, but the criminal law process against perpetrators of corruption must continue to maintain the principle of justice, ensure a deterrent effect, and maintain the integrity of law in Indonesia. The method used is normative legal research. Based on the results of the study, it is known that the legal position of the telegram from the Head of the Criminal Investigat

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Gustafianof, Gustafianof, Muhammad Irham, and Iqbal Taufik. "Prinsip Kepastian Hukum Dalam Penyelenggaraan Rumah Sakit Di Indonesia." Bacarita Law Journal 5, no. 1 (2024): 50–60. https://doi.org/10.30598/bacarita.v5i1.13441.

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Hospital administrators' services should be directed towards their goals, but in reality this is not always the case. For this reason, implementation behavior must be able to be measured through legal regulations. This article has discovered the principle of legal certainty for good hospital management in Indonesia. Using normative legal research methods, the principle of legal certainty in the administration of hospitals in Indonesia is found through division of labor by specializing the work of medical staff and corporate staff using the same methods and procedures which are guided by the pr

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Дахова, І. І., та О. О. Чуб. "Багатоаспектність принципу правової визначеності щодо сучасних конституційно-правових відносин". Форум права, № 4 (10 жовтня 2017): 59–68. https://doi.org/10.5281/zenodo.1145745.

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Розкривається зміст принципу правової визначеності як однієї зі складових принципу верховенства права. Вивчаються різні підходи до визначення сутності вказаного принципу, аналізуються окремі аспекти принципу правової визначеності, досліджується реалізація принципу правової визначеності у конституційно-правових відносинах. Раскрывается содержание принципа правовой определенности как одной из составляющих принципа верховенства права. В работе изучаются различные подходы к определению сущности указанного принципа, анализируются отдельные аспекты принципа правовой определенности, исследуется реали

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Jurewicz, Marcin. "New legal regulations on nanoforms of substances in the context of the legal certainty principle." Polimery 67, no. 9 (2022): 418–22. http://dx.doi.org/10.14314/polimery.2022.9.2.

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New legal regulations concerning nanomaterials in the scope of the legal certainty principle were discussed. Commission Regulation (EU) 2018/1881 of 03/12/2018 amending the REACH regulation with regard to Annexes I, III, VI-XII is the first normative act on chemicals that sets out the requirements for the registration of nanoforms of substances. The new requirements for nanomaterials will serve to implement the principle of legal certainty in this area. The presented analysis of the introduced amendments to the annexes to the REACH regulation indicates some shortcomings of the new legal regula

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Ostapenko, Hanna. "The Role of Legal Certainty Principle in Provision of Access to Justice in Ukraine in Wartime." Access to Justice in Eastern Europe 6, no. 3 (2023): 1–13. http://dx.doi.org/10.33327/ajee-18-6.3-a000306.

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Background: The paper offers the analysis of implementation of legal certainty principle and access to justice in Ukraine. Both are regarded in connection to the rule of law principle; their coordination is shown in cases when the application of rule of law is required to patch the holes of imperfect judicial system facing the challenges of the ongoing war. Methods: The methods of legal reasoning and analysis are used to present the main approaches to legal certainty principle as well as to the access to justice. Additionally, with the help of comparative method their meaning and influence on

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Abduh, Muhammad, Hambali Thalib, Mulyati Pawennei, and Nur Fadhilah Mappaselleng. "The Essence of the Principle of Ultimum Remedium Tax Crimes in Indonesia as an Effort to Recover State Losses." International Journal of Religion 5, no. 11 (2024): 6633–39. http://dx.doi.org/10.61707/mytvvx43.

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In Indonesian tax law, the principle summum ius, summa iniuria highlights the conflict between legal certainty and justice. Rooted in Gustav Radbruch’s theory, this principle suggests that law must balance justice (gerechtigkeit), utility (zweckmäßigkeit), and legal certainty (rechtssicherheit), which often leads to conflicting goals. Law No. 28 of 2007 on General Provisions and Procedures for Taxation (UU KUP) aims to provide stability and order in societal regulations. However, the law must remain dynamic to adapt to evolving human and societal needs. UU KUP facilitates flexibility in judici

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Pakendek, Adriana, Made Warka, Hufron Hufron, and Yovita Arie Mangesti. "The arrangement of medical records in implementation of Telemedicine in Hospitals." Technium Social Sciences Journal 30 (April 9, 2022): 300–308. http://dx.doi.org/10.47577/tssj.v30i1.6312.

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Legal research methods are procedures or steps that are considered effective and efficient. Based on the discussion, it is concluded as follows 1)The legal principles of hospital telemedicine include prprinciples of Information and Communication Technology (ICT) utilization, the principle of state and community responsibility, the principle of competence, integrity, and quality, the principle of equality, good faith, independence, and volunteerism as well as legal certainty and the principle of data security and confidentiality as well as standardization, the principle of patient autonomy and

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Horodovenko, Viktor, Alexander Shandula, and Mariya Dmytriyeva. "Legal certainty in law enforcement through the prism of ECtHR decisions." Revista Amazonia Investiga 11, no. 59 (2022): 43–53. http://dx.doi.org/10.34069/ai/2022.59.11.4.

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The problems of legal certainty and legal uncertainty are growing significantly in the field of lawmaking and law enforcement. Thus, the threatening consequences of this are the weakening of the rule of law around the world and the growing number of Ukrainian citizens applying to the European Court of Human Rights (ECtHR). The article traces the brief genesis of the principle of "res judicata", emphasizes the various manifestations and forms of legal certainty, and clarifies two groups of requirements for it. In the study, the main attention is paid to the peculiarities of legal certainty in t

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Djojorahardjo, Rommy Haryono. "MEWUJUDKAN ASPEK KEADILAN DALAM PUTUSAN HAKIM DI PERADILAN PERDATA." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (2019): 88–100. http://dx.doi.org/10.29062/jmhp.v5i1.79.

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The judge's decision in court ideally contains aspects of legal certainty, justice and expediency. In its implementation it is not easy to synergize these three aspects, especially between aspects of legal certainty and justice, which are usually conflicting. The results showed that a judge in examining and deciding cases was not always fixed on just one principle. Constraints faced by judges who tend to legal certainty experience a deadlock when written provisions cannot answer the existing problems. Emphasis that is more inclined to the principle of justice means having to consider the law t

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Tsaqib Idary, Muhammad. "Asas-Asas Hukum Keluarga Islam." JURNAL HUKUM PELITA 4, no. 2 (2023): 169–80. http://dx.doi.org/10.37366/jh.v4i2.3105.

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This article identifies the principles of family law contained therein. From the identification results, the principles of family law were found, namely the principle of freedom, the principle of protection and prevention, the principle of monogamy, the principle of responsibility and justice and the principle of legal certainty. Legal principles are important because truth is the basis for thinking and reasoning, especially in enforcing and implementing the law. Legal principles are the most important subsystem of the legal system and legal principles. Principles take precedence over a system

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Шишка, О. Р. "Принцип правової визначеності в цивільному праві України". Форум права 70, № 5 (2021): 6–17. https://doi.org/10.5281/zenodo.5529519.

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<strong>Постановка проблеми</strong>. Унаслідок розпочатого в Україні процесу оновлення цивільного законодавства постає нагальна потреба узгодити цивільно-правові норми згідно з вимогами їх ясності, однозначності й несуперечливості, а це напряму впливає на стабільність правового регулювання та передбачуваність правозастосовної практики. Враховуючи те, що цього досягти, як правило, досить складно, тому автор обґрунтовує необхідність посилити механізм цивільно-правового регулювання певними правовими гарантіями, які б сприяли усуненню правової невизначеності, а також забезпечували б стабільність

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Venetska, Maryna. "Recodification of the Civil Code of Ukraine and principle of legal certainty." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 446–55. http://dx.doi.org/10.33663/1563-3349-2022-33-446-455.

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The article deals with the issues of improving the legal regulation of civil relations in the Civil Code of Ukraine in the process of its recoding with ensuring compliance with the principle of legal certainty, which is one of the main components of the principle of the rule of law. It is argued that one of the main tasks of updating (recoding) the Civil Code of Ukraine should be full compliance with the principle of legal certainty in legal regulation, which ensures predictability of law enforcement and promotes stability of civil relations and civil turnover. Problems of legal regulation of

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Usachev, A. A. "Legal Certainty as the Basis of Criminal Proceedings: From Theory to Legislation Improvement." Actual Problems of Russian Law 16, no. 8 (2021): 129–40. http://dx.doi.org/10.17803/1994-1471.2021.129.8.129-140.

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The paper is devoted to an important problem of legal certainty in the Russian criminal procedural law and the criminal procedural activity regulated by it in modern conditions. These are characterized, among other things, by the development of digital technologies, in the context of improving the legal (procedural) and organizational aspects of pre-trial and judicial proceedings. The author conducts an analysis of the decisions of the European Court of Human Rights, which considers the principle of legal certainty as inherent in the Convention for the Protection of Human Rights and Fundamenta

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Portuese, Aurelien, Orla Gough, and Joseph Tanega. "The principle of legal certainty as a principle of economic efficiency." European Journal of Law and Economics 44, no. 1 (2014): 131–56. http://dx.doi.org/10.1007/s10657-014-9435-2.

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Benacchio, Gian. "European law, national law and (un)certainty of law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 155–77. http://dx.doi.org/10.5937/rkspp2002155b.

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One of the fundamental values of any legal system is the principle of certainty of law, whose highest expression is its encoding in the various bodies of law. However, today this value is strongly, albeit inadvertently, called into question by the European Union - in particular, by a set of principles, and related mechanisms, designed to ensure uniformity of law across the EU Member States. These include the principle of primacy of EU law over the laws of its Member States, the principle of the disapplication of national laws that are incompatible with EU law (including the provisions of direc

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G. Z., Ogneviuk. "Clarity and legibility of legal norms as an element of legal certainty." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 185–89. http://dx.doi.org/10.33663/2524-017x-2020-11-33.

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The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In

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Ogneviuk, G. Z. "Clarity and legibility of legal norms as an element of legal certainty." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 210–15. http://dx.doi.org/10.33663/2524-017x-2021-12-36.

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The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In

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