The principle of trust protection: the formation of the doctrine and practice of law enforcement in Russia

Authors

  • S. S. Kustov Novosibirsk State University of Economics and Management (NSUEM)

DOI:

https://doi.org/10.17308/law/1995-5502/2023/2/53-61

Keywords:

trust protection principle, administrative procedures, Constitutional Court of the Russian Federation, principle of maintaining the trust of civilians to the law and actions of the government, constitutionalization

Abstract

The article analyzes the place and role of the trust protection principle in the system of Russian administrative law principles. Trust protection principle guarantees stability and transparency of decisions and actions of public administration authority in the matters, which involve powerless subjects. In the practice of the Constitutional Court of the Russian Federation the trust protection principle is expressed in the principle of maintaining the trust of civilians to the law and actions of the government, which is determined by the Court by interpreting the norms of the Constitution of the Russian Federation. It has been observed that the normative-interpretative constitutionalization of the trust protection principle in the domestic system of law happens through the practice of the Constitutional Court of the Russian Federation. The means of adoption of the trust protection principle by the Supreme Court of the Russian Federation, the Court of general jurisdiction and Commercial Court are distinguished, the dispute categories which utilize that particular principle to develop reasoning are determined.

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Author Biography

  • S. S. Kustov, Novosibirsk State University of Economics and Management (NSUEM)

    PhD of Legal Sciences, Associate Professor of the Administrative, Finance and Corporate Law Department

References

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Published

2023-08-10

Issue

Section

State Authority. Legislative Process. Constitutional Law. Public Management.