LEGAL CERTAINTY IN THE ASPECT OF LOCAL GOVERNMENT

In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 119, S. 59-63

Abstract

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 discretive powers, promulgation and publication of legal acts in advance etc. These elements must be adhered realizing local powers. One of the elements legal certainty requires is protection of the legitimate expectations of citizens. A number of court decisions which are analyzed in the article prove that breaking of legitimate expectations happens frequently. Emphasis is made on preventing such practices and on the need to respect legal certainty as a mandatory requirement of the rule of law. The necessity of observance of the requirements of legal certainty at promulgation of acts by local self-government bodies and making the citizens know about them is determined.