CERTAINTY OF LEGISLATION AS A GUARANTEE OF THE RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN A CONSTITUTIONAL AND JUDICIAL DOCTRINE
The article deals with the issues related to legal certainty that, in author's view, is one of the essential preconditions for the constitutionality of legislation and the natural human right. Attention is drawn to the fact that uncertainty is not always a flaw in the law, and in some cases it serves as a peculiar method of legal regulation, since it provides the law enforcer with discretion to resort to it in a particular instance of flexibility of legal regulation in order to achieve the best result. However, in the vast majority of cases, lack of certainty is perceived as a flaw in the law, since it results in inconsistent and arbitrary law enforcement practices that lead to the violation of the rights, freedoms and legitimate interests of citizens. The article substantiates this conclusion. The author reveals the content of legal certainty in terms of legal technique trough the prism of the legal determinations of the Constitutional Court of the Russian Federation. It is concluded that ambiguity and inconsistency of legal constructions is caused by the increase in the number of scientific terms, terms of art in the regulatory acts, and a constant increase in the total number of acts of "correctional" nature. It is proposed to vest the right of legislative initiative not with individual deputies, but with a group of deputies consisting of at least 25 representatives. Along with this, the right of legislative initiative should be given to such legally competent bodies as the Commissioner for Human Rights in the Russian Federation, and the Prosecutor General. The author addresses the issue that, despite excessive legislative regulation, a number of important public relations remain unsettled, which leads to the violation of citizen's rights and freedoms, impossibility of implementing Constitutional norms. The paper analyzes jurisprudence of the Constitutional Court of the Russian Federation that helps overcome legal uncertainty and eliminate the flaws in the legislation. However, in author's view, this does not contribute to the authority of the legislator and the law.