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Shabunevich S.N. The Principle of Legal Certainty As a Guarantee of Effective Implementation of the Constitutional Rights and Freedoms of Citizens

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.14

Svetlana N. Shabunevich, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Social and Humanitarian Disciplines, Academy of Public Administration under the President of the Republic of Belarus, Moskovskaya St, 17, 220007 Minsk, Belarus, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8215-9442


Introduction: based on the analysis of scientific approaches and the Belarusian constitutional legislation, the paper examines the problem of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens, identifies such reasons for the unconstitutionality of the regulation of these issues as uncertainty in the legal regulation of the guarantees of the constitutional rights and freedoms of citizens established by the legislation, inaccuracies and difficulties in the presentation of legal norms, the presence of conflicts, etc., which negatively affects the effectiveness of the implementation of legal interests of citizens. Some possible ways of improving the legal regulation of human rights mechanisms of citizens’ rights and freedoms are proposed. The category of “legal certainty” is multi-faceted and therefore can manifest itself in all areas of the legal sphere. The universality of the principle of legal certainty is because it ensures the stability of the legal regulation of public relations both in the field of law-making and in the field of law enforcement practice. Ensuring the effectiveness of the legislative regulation of public relations, the principle of legal certainty serves as a criterion for the quality of norm control of the subjects of constitutional justice, is a measure of the assessment of constitutional procedural norms. In the sphere of legislative activity, the principle of legal certainty is the degree of its effectiveness. The qualitative implementation of the principle of legal certainty in the field of the legislative regulation of guarantees of citizens’ rights and freedoms directly affects the quality of the law enforcement process. Purpose: to identify the problems of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens. Methods: the methodological framework for the study is a combination of general scientific and special research methods: dialectical, systematic, formal-legal, comparative law, sociological, analytical methods, etc. Results: the paper is devoted to identifying the causes of existing problems of the legal regulation of human rights mechanisms of the constitutional rights and freedoms of citizens and identifying possible ways to solve them. To effectively ensure the constitutional rights and freedoms of citizens, the stability of the legal regulation is important, which can be ensured by an accurate statement of the content of a legal norm that regulates the boundaries of proper and prohibited behavior of all subjects of legal relations designed to ensure the legitimate interests of citizens. The author believes that it is possible to improve the legal regulation of the human rights mechanisms of citizens’ rights and freedoms by adopting special laws on the interpretation of articles of the Constitution that establish these guarantees. Conclusions: as a result of the conducted research, it is found that the national Belarusian legislation has formed an effective system for protecting the constitutional rights and freedoms of citizens, and the corresponding procedural mechanisms are fixed. At the same time, the presence of uncertainty in the legal regulation, the guarantees of the constitutional rights and freedoms of the individual established by law, and the inaccuracy of the legal norms directly regulating the sphere of the studied relations often indicate that the existing system of human rights mechanisms for the legitimate interests of citizens fully ensures their implementation and needs to be improved.

Key words: human rights mechanisms, the principle of legal certainty, restrictions on rights and freedoms, compensation for damages, official.

Citation. Shabunevich S.N. The Principle of Legal Certainty As a Guarantee of Effective Implementation of the Constitutional Rights and Freedoms of Citizens. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 88-93. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.14

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