კანონიერი ნდობის პრინციპი კანონიერების პრინციპის პირისპირ

Abstract

Two important institutes of administrative law will be discussed in this paper, namely, the principle of legal reliance and the principle of legality, their origin, their place in the General Administrative Code of Georgia, their relation to the constitutional principles and to other principles of public law. The issue of conflict between these two principles takes significant part in the paper. The aim of the paper is to analyse the grounds for the principles of legal reliance and legality, the established caselaw related to them and to reveal significant challenges often faced by an administrative body, in the case of conflict between the mentioned principles. Herewith, the paper will present those problematic issues, which are related to the coexistence of the mentioned institutes, also, the ways for their solution and recommendations. Keywords: the principle of legal reliance, the principle of legality, protection of reliance of interested party, revocation of act, collision of principles, proportionate and fair decision, conflict of public and private interests.