SOME PROBLEMS OF IMPLEMENTING THE PRINCIPLE OF IRREVERSIBILITY OF LAWS IN TIME IN THE CONTEXT OF ENSURING STATE STABILITY: THEORY AND PRACTICE OF LEGAL ACTS

Abstract

Based on an analysis of the provisions of the Constitution and laws of Ukraine, as well as acts of the Constitutional Court of Ukraine (hereinafter referred to as the CCU), this article reveals the meaning of the principle of irreversibility of laws and other normative legal acts in time, as proclaimed in Article 58 of the Constitution of Ukraine, and its relationship with other constitutional principles, in particular, the principles of the rule of law and the inadmissibility of narrowing the content and scope of existing human rights and freedoms when adopting new laws or amending existing laws, which is one of the safeguards against giving laws retroactive effect. As a result of this analysis, the following conclusions are justified: 1) the principle of the irreversibility of the effect of laws and other normative legal acts in time, as a component of the principle of the rule of law, should apply not only to individuals but also to legal entities; 2) when assessing laws for their compliance with the requirements of Article 58 of the Constitution, one should proceed not so much from the content of the provisions of their final provisions as from the content of the normative provisions of the main part of the laws; 3) giving laws retroactive effect is possible only if they do not worsen the legal situation of a person, i.e., they do not establish or increase legal liability, and do not abolish or restrict existing rights and freedoms; 4) the principle of the irreversibility of the effect of laws and other normative legal acts in time is one of the factors of the stability of Ukrainian legislation, which is a component of the stability of the state. In addition, based on the results of the analysis of the Constitutional Court’s conclusions on draft laws amending the Constitution of Ukraine regarding their compliance with the requirements of Articles 157 and 158 of the Constitution, it was found that in the vast majority of its conclusions, the issue of the compliance of such draft laws with the requirements of Article 58 of the Constitution remained outside the scope of its assessment.