THE CERTAINTY OF JUSTICE IN UKRAINE AS THE MAIN FACTOR OF FAIR LAW ENFORCEMENT
THE CERTAINTY OF JUSTICE IN UKRAINE AS THE MAIN FACTOR OF FAIR LAW ENFORCEMENT
Author(s): Petro Dmytrovych GuyvanSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura U. T. Press
Keywords: fair trial; legal certainty; precedent;
Summary/Abstract: The article analyzes the essence of the legal doctrine, on which the activities of the European Court of Justice are based, namely the judicial precedent that came from the Anglo-Saxon system of law. The content and essence of the notions «ratio decidendi» – part of the court decision, which sets out the rules of law on the basis of which the case was decided, and «obiter dictum» – remarks and conclusions of the court, made by him on issues that do not directly concern the subject of the judgment . Practical differences of these two categories are given, and examples are given that prove the complexity of their differentiation.
Journal: European Socio-Legal and Humanitarian Studies
- Issue Year: I/2022
- Issue No: 1
- Page Range: 67-75
- Page Count: 9
- Language: English