Kovtun N.N., Zorin A.A. The Principle of Legal Certainty in the System of Legal Positions and Conclusions of the Constitutional Court of the Russian Federation
Nikolay Nikolaevich Kovtun
Doctor of Juridical Science, Professor,
Department of Criminal Law and Criminal Procedure,
“Higher School of Economics” National Research University (Nizhniy Novgorod Branch)
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Bolshaya Pecherskaya St., 25/12, 603600 Nizhniy Novgorod, Russian Federation
Anton Andreevich Zorin
Student, Faculty of Law,
“Higher School of Economics” National Research University (Nizhniy Novgorod Branch)
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Bolshaya Pecherskaya St., 25/12, 603600 Nizhniy Novgorod, Russian Federation
Abstract. The paper is devoted to examining the core and content (yet not determined in doctrinal and normative interpretation) of legal certainty principle in the context of analyzing correlated legal positions and summarized conclusions formulated by the Constitutional Court of the Russian Federation. The authors draw attention to the fact that this principle is often confused with other legal categories such as res judicata principle, non bis in idem regulation, and legal stability of final court decisions. Because of this it loses its own content and does not implement its normative regulatory function.
The authors consider it to be inadmissible noticing that legal certainty principle being an essential element of the constitutional idea of the supremacy of law requires the methodological clarity in its definition.
Key words: legal certainty, supremacy of law, stability of final court decision, res judicata principle, non bis in idem regulation.
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