The principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings

Abstract

The article examines the theoretical and legal foundations of the principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings. The relevance is because the studied principle reflects and concretizes one of the main and specific ideas of law, which distinguishes it from other social regulators, the idea of certainty. The subject of the study is the principle of legal certainty of law, its aspects, functions, and place in the system of principles of administrative proceedings in relation to the mechanism of legal regulation. The methodological basis made up of general scientific and special legal methods of cognition. With the help of a systemic approach, the system of general legal principles is considered and the place occupied by the principle of legal certainty is determined. It is noted that the principle of legal certainty expresses the basic idea and requirement of the certainty of legal regulation, which is achieved due to clarity, precision, unambiguity and non-contradiction of legal norms and individual-authority precepts, clarity of the order of operation of a normative-legal act, stability of legal relations, stability of legal relations, law. It indicated that legal certainty is the result of legal regulation, which characterized by compliance with the set of requirements of the principle. The adjective «legal» emphasizes the signs (quality, property) of certainty, highlighting the state of the legal sphere of society as a characteristic. In the field of action, the principle of legal certainty is generally legal. The general nature determined by the set of requirements relating to all branches of law, including administrative proceedings. The main requirement is the determination of the rule of law as an initial element of the mechanism of legal regulation, since its clear functioning in the future depends on its consistent content. Clarity presupposes an adequate perception of the meaning of the legal norm by the subjects of the law. Accuracy means compliance of the wording of the law with established legal concepts, terms, and constructions. Non-contradiction implies its consistency with the system of current legal regulation. Pedal perspectives of the study touch upon the issues of the influence of the principle on the effectiveness of legal regulation.