legal certainty

The positive legal uncertainty as a technical and legal method of exposition of law	Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.	Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 4
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.	Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 3