REQUIREMENT OF “QUALITY” OF THE LAW AS ONE OF THE MAIN ASPECTS OF THE PRINCIPLE OF THE RULE OF LAW

Abstract

The article analyzes the principle of the rule of law as the basic fundamental principle on the basis of which all other principles are formed and shows that in the literature this principle is considered in two senses: in a broad sense as the rule of law over the state and according to which state power should be organized, in the narrow sense as the ratio of law and law in the regulation of social relations. One aspect of the principle of the rule of law is revealed, namely the question of the “quality” of the law adopted by the state and what requirements to this law follow from international standards. In particular, it is emphasized that the law should be clear and unambiguous so that its wording would allow to regulate the conduct of a person independently or with appropriate consultation, the law should be predictable and the law should clearly define the limits of discretion and the way to implement them, objects of legal relations from the arbitrariness of public authorities. The case law of the European Court of Human Rights on this issue is analyzed and it is established that, in accordance with European standards, there are requirements for the law to be considered “quality”, in particular, the accuracy of the wording of regulations; the presence of clear rules and guarantees in the legislation of a particular state; the effectiveness of these guarantees in practice; lack of ambiguous interpretation of the law. It is established that the requirement of “quality” of the law covers the substantive aspect, which is that regulations are adopted taking into account that the person is the highest value, as well as the procedural aspect, according to which, in particular, there is a prohibition of retroactive effect of the law if such a law exempts from punishment, and there is a consistency of the law and uniformity in its application. It is concluded that the requirement of “quality” of the law means that the “law” must be properly accessible and predictable to the people.