Legal certainty in criminal law: doctrine and reality of law enforcement

The purpose of the research is to identify the key discrepancies between the doctrinal interpretation of the rule of law element - the principle of legal certainty – and its practical implementation in the criminal law system of Ukraine. The article presents a comprehensive theoretical analysis of the principle of legal certainty of the law on criminal liability. The main approaches to understanding and interpreting the concept of legal certainty are revealed. It is established that legal certainty is an element of legal doctrine, a guarantee of fair trial and a universally recognized principle of law which establishes requirements for legal acts in terms of: logical presentation, clarity of wording, transparency, consistency and predictability of amendments. The author examines its role in ensuring the stability, predictability and fairness of criminal proceedings. It analyzes the major shortcomings of the legal regulation of the requirements of legal certainty of criminal law, specifically the absence of its formal enshrinement in national legislation. The main scientific studies, criminal legislation and judicial practice in this area are reviewed. The author identifies the primary factors hindering the implementation of the principle of legal certainty in Ukrainian criminal law: insufficient clarity of legal provisions, legal gaps and conflicts, legislative instability, broad discretionary powers of public authorities, inconsistency in judicial interpretation, and challenges in legal practice. It is stated that ensuring the certainty of the law on criminal liability is not only a theoretical issue but also a real practical problem which requires urgent solution. The article formulates conclusions regarding the current state of legal certainty in Ukrainian criminal law. It is established that the absence of a legislative definition of the concept of legal certainty, and the failure to identify and consolidate its main elements leads to its actual ineffectiveness. The scientific novelty of the study lies in the application of a comprehensive approach to analyzing the problem of legal certainty in criminal law, and in the combination of theoretical and practical aspects.