LEGAL CERTAINTY AS A FUNDAMENTAL GENERAL LEGAL IDEA: NOTION, ESSENCE AND PURPOSE

Abstract

The article presents the analysis of doctrinal approaches with respect to the nature
and content of the idea of "legal certainty" in order to form the necessary theoretical and
methodological clarity about the essence, content and purpose of this idea in the legal
regulation. Special attention is paid to the establishment of the basic elements of the
concept of "legal certainty". To this end, the different scientists' viewpoints scientists on
this issue expressed in the legal literature are investigated.

The author comes to the conclusion that both the rule of law and legal certainty, as
its fundamental element, are certainly the fundamental legal ideas of worldview nature.
In this case, if the first forms the bases of functioning of the state and society according
to a uniform and consistent instructions, then the second indicates at the main means
that ensure the rule of law in the society and the state.
Understanding the idea of "legal certainty" as an independent and fundamental
principle of the Russian law, the fact that this idea has the essential features of its content
in relation to a particular area of law, when performs as a universal general law, is
recognized.