THE APPLICATION OF THE CATEGORY “LEGAL CERTAINTY” TO THE LEGAL NORMS OF THE INSTITUTE OF LEGAL LIABILITY IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

The article is devoted to the study of the content of the category “legal certainty”, which must comply with legal norms governing legal liability. The relevance of the study is due to the fact that today there is no consensus regarding the category under consideration in terms of including certain elements in its content. In order to analyze the content of legal certainty, the author chose the institution of legal liability, since the legal norms that make up this institution must comply with the principle of legal certainty in order to avoid violating the rights and freedoms of persons held liable. Based on the established scientific views and practice of the Constitutional Court of the Russian Federation, the author reveals the role of the principle of legal certainty in relation to the legal norms of the institution of legal liability, elements of legal certainty and permissible cases of deviation from the principle of legal certainty in the implementation of the regulation of legal liability. The study concludes that the content of legal certainty in relation to the institution of legal liability is: a clear and precise definition of the signs of the composition of the punishable act, the inadmissibility of the retroactive effect of the law, the predictability of the legal consequences of the behavior of the subject of law, a uniform and unambiguous understanding and interpretation of legal norms, the possibility of distinguishing related elements of punishable acts. In addition, the author emphasizes that legal certainty is not an absolute category, and therefore, when formulating legal norms, it is allowed to use evaluative concepts and blanket norms, the meaning of which can be identified by establishing a relationship with other legal norms.

blanket norms, constitutional justice, the Constitutional Court of the Russian Federation, unambiguity, retroactivity of the law, evaluative concepts, legal certainty, predictability of behavior, formal certainty, legal liability

Burtseva S. S. The application of the category “legal certainty” to the legal norms of the institute of legal liability in the practice of the Constitutional Court of the Russian Federation. Business. Education. Law, 2023, no. 1, pp. 194—198. DOI: 10.25683/VOLBI.2023.62.511.