«FROM THE DAY» OR «FROM THE DAY FOLLOWING THE DAY» OF OFFICIAL PUBLICATION: CONCERNING THE PROBLEM OF UNCERTAINTY OF THE ENTRY INTO FORCE OF LEGAL NORMATIVE ACTS

Abstract

The article founds inadvisable to use different formulations «from the day» and «from the day following the day» to set the date of the entry into force of normative legal acts, as well as suggests to address problems, arising from the use of such formulations. Despite the fact, that different types of normative legal acts provides for only the phrase «from the day» for the establishing of the moment of the entry into force of normative legal acts, subjects of lawmaking activity provides for not only the phrase «from the day», but also the phrase «from the day following the day» in operational prescriptions of some normative legal acts. This differentiation and inconsistency are considered to be not scientifically justified and violate the principle of legal certainty, since it leads to inconsistent establishing of the moment of formal binding action of legal regulations. One established, that there were the moments of the entry into the force of the laws of Ukraine, specified on the official website of the Verkhovna Rada of Ukraine, some of which used the phrase «from the day», while others – «from the day following the day» of official publication, that were different in one day. Although the length of one day is not significant, but it is important for legal regulation of social relations, since it can significantly affect the occurrence, change or termination of subjective rights and legal obligations of the participants of social relations. One proved, that the moments of the entry into force of the laws of Ukraine, indicated in the day of official publication on the official site of the Verkhovna Rada of Ukraine, could not guarantee the presumption of the knowledge of laws. One also proved, that the moments of the entry into force of the laws of Ukraine, indicated in the day of official publication on the official site of the Verkhovna Rada of Ukraine, could lead to retroactive operation of theirs provisions. One revealed, that the information on the official sites of the Verkhovna Rada of Ukraine and the Ministry of Justice of Ukraine is inconsistent with the general rules of the establishing of the moments of the entry into the force of different normative legal acts. To solve these problems one suggested to use as a unified only the formulation «from the day», which, according to the general rules of the calculating of periods of time, meant mandatory beginning from the day following the day of official publication or from the day following the circumstances, connected with the entry into the force. One proved, that the unified formulation «from the day» would eliminate the problem of violation of the presumption of knowledge of legislation, overcome the possibility of retroactive operation of its prescriptions and thus contribute to legal certainty for the recipients of normative legal acts. The article used tables, which contained the examples of differentiated establishing and indication of the moments of entry into the force on the official website of the Verkhovna Rada of Ukraine, as well as the examples of propositions of unified establishing and indication of the moments of the entry into the force in accordance with the general rules of calculating of periods of time.