НАЧЕЛО ЗАКОНИТОСТИ
THE PRINCIPLE OF LEGALITY

Summary/Abstract: The three main meanings of the principle of legality: philosophical, sociopolitical, and normative, make it possible to compose the so-called prescriptive definition, according to which legality represents the forms of legitimate, institutionalised certainty that is expressed as the harmony of all legal enactments with the law. Its aim is to provide a certainty that is protected and secured by the state. Without that, the principle of legality cannot be achieved. Legality, therefore, represents social, institutionalised and legitimate -- state protected and guaranteed certainty -- which, in the normative legal form is expressed as the harmony of all enactments with the law. The demand for harmony with the law nevertheless represents only the recognisable positive legal feature of the principle of legality. Often it is not a demand for harmony with the facts and needs of life. For that reason, the myth of the omnipotence of the principle of legality should be rejected just like the idea of the superfluity of legality.

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