принцип правовой определенности

Essence of the Principle of Legal Definiteness: In Search of Constitutional and Legal Sense

Introduction. The article analyzes the principle of legal definiteness from the perspective of the role or function it performs in a legal system. Theoretical analysis. The article highlights that the category of “legal definiteness” cannot essentially be reduced to the concept of “definiteness of law” since it refers not only to the system of law, but also to a legal system in general. According to the authors, the concept of “legal definiteness” expresses a condition of definiteness of legal regulation of the real-life public relations, and in this sense it covers not only requirements of clarity, definiteness and coherence of precepts of law, but also definiteness of the actual legal status of legal entities. Rights and freedoms of the person and citizen define sense, contents and application of laws. Law represents the tool that provides a condition of legal definiteness of the public relations regulated by it. Results. The authors conclude that legal definiteness, which, in this context, represents the actual aspect of influence of law upon existing public relations, really characterizes “not legal” or not absolutely legal phenomena. The substantial aspect of legal definiteness is connected more closely with identification of the valid sense of the subjective right, volume of the competences it includes, limits of its implementation, etc. than with definiteness of legal instructions. The principle of legal definiteness is expressed via the system of the legal tools that allow to provide, firstly, subject definiteness of the legal status of the person and citizen and, secondly, necessary stability of this status if the current legislation changes.