The Principle of Legal Certainty: Concept and Main Characteristics

Gribova Evangelina Nikolaevna

doi:doi:10.11648/j.ash.20230902.18

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The Principle of Legal Certainty: Concept and Main Characteristics

Gribova Evangelina Nikolaevna

Published in Advances in Sciences and Humanities (Volume 9, Issue 2)

Received: 11 November 2022 Accepted: 4 January 2023 Published: 10 June 2023

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Abstract

The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law, since the emergence of legal conflicts and legal disputes are often associated with the search for certainty in law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it a non-legal nature. It is argued that the principle of legal certainty is a general principle of law and, together with other fundamental legal maxims, such as the principle of the rule of law, underlies all legal systems, both international and national. The aim of the study is a comprehensive theoretical understanding of the principle of legal certainty: the formulation of its concept, the disclosure of its content and system of requirements based on the analysis of legislation and judicial practice, the clarification of its place in the system of principles of Russian and foreign law and the relationship with other principles of law, the definition of its role and functions in the implementation of legal regulation. The conclusions are drawn that, despite its name, the principle of legal certainty is perhaps the most uncertain in its content. Its provisions, repeatedly repeated in the jurisprudence of the European Court of Human Rights, the Constitutional Court of the Russian Federation, cannot be considered exhaustive and final, since the European Court of Human Rights and the Constitutional Court of the Russian Federation, following the concept of an evolutionary interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, continues to reveal new facets and meanings this principle.

Published in	Advances in Sciences and Humanities (Volume 9, Issue 2)
DOI	10.11648/j.ash.20230902.18
Page(s)	68-75
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Principle of Law, Legal Certainty, Rule of Law, Realization of Law

References

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[7]	Borisova, E. A. (2013). Appeal, cassation, supervision of civil cases: a training manual. Norma, 309.
[8]	Gadzhiev, G. A. (2008). Principles of Law and Law of Principles. Independent non-governmental non-profit organization Institute of Law and Public Policy, 22.
[9]	Gadzhiev, G. A. (2012). The principle of legal certainty and the role of the courts in ensuring it. The quality of laws from a Russian point of view. Independent non-governmental non-profit organization Institute of Law and Public Policy, 16-28.
[10]	Gadzhiev, G. A., & Kovalenko, K. A. (2012). The principle of legal certainty. Jurist, 17-19.
[11]	Gracheva, S. A. (2014). The doctrine of the rule of law and judicial legal positions. Norma, 33-45.
[12]	Hegel, G. W. (1934). The philosophy of law v. VII. Publisher of Social and Economic Literature, 263.
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[14]	Pankova, O. V. (2014). Consideration of cases of administrative offenses in courts of general jurisdiction. Statute, 440.
[15]	Pokrovsky, I. A. (1917). The main problems of civil law. Statute, 279.
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[20]	Zorkin, V. D. (2005). The rule of law and constitutional justice. Norma, 31-32.
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[22]	Federal law № 113 “On Alternative Civil Service”, 25th July 2002.

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Gribova Evangelina Nikolaevna. (2023). The Principle of Legal Certainty: Concept and Main Characteristics. Advances in Sciences and Humanities, 9(2), 68-75. https://doi.org/10.11648/j.ash.20230902.18

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Gribova Evangelina Nikolaevna. The Principle of Legal Certainty: Concept and Main Characteristics. Adv. Sci. Humanit. 2023, 9(2), 68-75. doi: 10.11648/j.ash.20230902.18

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Gribova Evangelina Nikolaevna. The Principle of Legal Certainty: Concept and Main Characteristics. Adv Sci Humanit. 2023;9(2):68-75. doi: 10.11648/j.ash.20230902.18

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@article{10.11648/j.ash.20230902.18,
  author = {Gribova Evangelina Nikolaevna},
  title = {The Principle of Legal Certainty: Concept and Main Characteristics},
  journal = {Advances in Sciences and Humanities},
  volume = {9},
  number = {2},
  pages = {68-75},
  doi = {10.11648/j.ash.20230902.18},
  url = {https://doi.org/10.11648/j.ash.20230902.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20230902.18},
  abstract = {The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law, since the emergence of legal conflicts and legal disputes are often associated with the search for certainty in law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it a non-legal nature. It is argued that the principle of legal certainty is a general principle of law and, together with other fundamental legal maxims, such as the principle of the rule of law, underlies all legal systems, both international and national. The aim of the study is a comprehensive theoretical understanding of the principle of legal certainty: the formulation of its concept, the disclosure of its content and system of requirements based on the analysis of legislation and judicial practice, the clarification of its place in the system of principles of Russian and foreign law and the relationship with other principles of law, the definition of its role and functions in the implementation of legal regulation. The conclusions are drawn that, despite its name, the principle of legal certainty is perhaps the most uncertain in its content. Its provisions, repeatedly repeated in the jurisprudence of the European Court of Human Rights, the Constitutional Court of the Russian Federation, cannot be considered exhaustive and final, since the European Court of Human Rights and the Constitutional Court of the Russian Federation, following the concept of an evolutionary interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, continues to reveal new facets and meanings this principle.},
 year = {2023}
}

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TY  - JOUR
T1  - The Principle of Legal Certainty: Concept and Main Characteristics
AU  - Gribova Evangelina Nikolaevna
Y1  - 2023/06/10
PY  - 2023
N1  - https://doi.org/10.11648/j.ash.20230902.18
DO  - 10.11648/j.ash.20230902.18
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 68
EP  - 75
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20230902.18
AB  - The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law, since the emergence of legal conflicts and legal disputes are often associated with the search for certainty in law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it a non-legal nature. It is argued that the principle of legal certainty is a general principle of law and, together with other fundamental legal maxims, such as the principle of the rule of law, underlies all legal systems, both international and national. The aim of the study is a comprehensive theoretical understanding of the principle of legal certainty: the formulation of its concept, the disclosure of its content and system of requirements based on the analysis of legislation and judicial practice, the clarification of its place in the system of principles of Russian and foreign law and the relationship with other principles of law, the definition of its role and functions in the implementation of legal regulation. The conclusions are drawn that, despite its name, the principle of legal certainty is perhaps the most uncertain in its content. Its provisions, repeatedly repeated in the jurisprudence of the European Court of Human Rights, the Constitutional Court of the Russian Federation, cannot be considered exhaustive and final, since the European Court of Human Rights and the Constitutional Court of the Russian Federation, following the concept of an evolutionary interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, continues to reveal new facets and meanings this principle.
VL  - 9
IS  - 2
ER  -

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Author Information

Gribova Evangelina Nikolaevna

Institute of the Prosecutor’s Office, Ural State Law University, Ekaterinburg, Russia

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APA Style

Gribova Evangelina Nikolaevna. (2023). The Principle of Legal Certainty: Concept and Main Characteristics. Advances in Sciences and Humanities, 9(2), 68-75. https://doi.org/10.11648/j.ash.20230902.18

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ACS Style

Gribova Evangelina Nikolaevna. The Principle of Legal Certainty: Concept and Main Characteristics. Adv. Sci. Humanit. 2023, 9(2), 68-75. doi: 10.11648/j.ash.20230902.18

Copy | Download

AMA Style

Gribova Evangelina Nikolaevna. The Principle of Legal Certainty: Concept and Main Characteristics. Adv Sci Humanit. 2023;9(2):68-75. doi: 10.11648/j.ash.20230902.18

Copy | Download

@article{10.11648/j.ash.20230902.18,
  author = {Gribova Evangelina Nikolaevna},
  title = {The Principle of Legal Certainty: Concept and Main Characteristics},
  journal = {Advances in Sciences and Humanities},
  volume = {9},
  number = {2},
  pages = {68-75},
  doi = {10.11648/j.ash.20230902.18},
  url = {https://doi.org/10.11648/j.ash.20230902.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20230902.18},
  abstract = {The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law, since the emergence of legal conflicts and legal disputes are often associated with the search for certainty in law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it a non-legal nature. It is argued that the principle of legal certainty is a general principle of law and, together with other fundamental legal maxims, such as the principle of the rule of law, underlies all legal systems, both international and national. The aim of the study is a comprehensive theoretical understanding of the principle of legal certainty: the formulation of its concept, the disclosure of its content and system of requirements based on the analysis of legislation and judicial practice, the clarification of its place in the system of principles of Russian and foreign law and the relationship with other principles of law, the definition of its role and functions in the implementation of legal regulation. The conclusions are drawn that, despite its name, the principle of legal certainty is perhaps the most uncertain in its content. Its provisions, repeatedly repeated in the jurisprudence of the European Court of Human Rights, the Constitutional Court of the Russian Federation, cannot be considered exhaustive and final, since the European Court of Human Rights and the Constitutional Court of the Russian Federation, following the concept of an evolutionary interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, continues to reveal new facets and meanings this principle.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - The Principle of Legal Certainty: Concept and Main Characteristics
AU  - Gribova Evangelina Nikolaevna
Y1  - 2023/06/10
PY  - 2023
N1  - https://doi.org/10.11648/j.ash.20230902.18
DO  - 10.11648/j.ash.20230902.18
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 68
EP  - 75
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20230902.18
AB  - The article is devoted to the disclosure of the concept of legal certainty, the problem of finding certainty in law, since the emergence of legal conflicts and legal disputes are often associated with the search for certainty in law. It is advisable to find out whether the principle of legal certainty is a principle of law or is it a non-legal nature. It is argued that the principle of legal certainty is a general principle of law and, together with other fundamental legal maxims, such as the principle of the rule of law, underlies all legal systems, both international and national. The aim of the study is a comprehensive theoretical understanding of the principle of legal certainty: the formulation of its concept, the disclosure of its content and system of requirements based on the analysis of legislation and judicial practice, the clarification of its place in the system of principles of Russian and foreign law and the relationship with other principles of law, the definition of its role and functions in the implementation of legal regulation. The conclusions are drawn that, despite its name, the principle of legal certainty is perhaps the most uncertain in its content. Its provisions, repeatedly repeated in the jurisprudence of the European Court of Human Rights, the Constitutional Court of the Russian Federation, cannot be considered exhaustive and final, since the European Court of Human Rights and the Constitutional Court of the Russian Federation, following the concept of an evolutionary interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, continues to reveal new facets and meanings this principle.
VL  - 9
IS  - 2
ER  -

Copy | Download