THE CERTAINTY OF JUSTICE IN UKRAINE AS THE MAIN FACTOR OF FAIR LAW ENFORCEMENT Cover Image

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 Guyvan
Subject(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.

  • Issue Year: I/2022
  • Issue No: 1
  • Page Range: 67-75
  • Page Count: 9
  • Language: English