Реалізація принципу законності у призмі судового захисту прав ЛГБТ осіб в Україні

The article focuses on the implementation of the principle of legality in the context of judicial protection of the rights of LGBT persons in Ukraine through the analysis of the main approaches to understanding the principle of legality in judicial proceedings, and also on the specifics of the implementation of the principle of legality in relation to LGBT persons. It is emphasized that the principle of legality is a fundamental principle of the socio-political system, which is widely manifested in the judicial system. The author emphasizes that the principle of legality is often recognized as a component of the rule of law. It is emphasized that the prerequisite for the proper implementation of the principle of legality should be the effectiveness of legislation. The essence of the principle of legality is manifested in the strict observance and implementation of legal norms by all subjects of legal relations, as well as the supremacy of laws over other legal acts. It is emphasized that the situation of LGBT persons in Ukraine is characterized by numerous violations of their rights and freedoms, including by those who have the relevant rights to protect them. This has a negative impact on the rule of law. The author states that the implementation of the principle of legality in the context of judicial protection of the rights of LGBT persons in Ukraine is not perfect. The main problems here include ineffective legal regulation of the protection of the rights and freedoms of LGBT persons in Ukraine due to the lack of legislative provisions that would explicitly prohibit discrimination on the basis of sexual orientation or gender identity. Another problem is the bias of the judiciary, as the personal beliefs of judges can sometimes affect the objectivity of their decisions. The author concludes that the implementation of the principle of legality in the field of judicial protection of the rights of LGBT persons in Ukraine needs to be improved through a comprehensive approach: first, by amending the legislation to clearly regulate the legal status of LGBT persons in Ukraine and prohibit any manifestations of discrimination; second, by improving the qualifications of judges to ensure the objectivity of court decisions. Accordingly, only by overcoming gaps in legal regulation and personal prejudice can the principle of legality be ensured for LGBT persons in Ukraine.