The dialectic of the categories “legal certainty” and “legal uncertainty” in the system of relations between the individual and the state: the essence and meaning

A comprehensive theoretical and legal analysis of the dialectical interrelation of the categories “legal certainty” and “legal uncertainty” in the field of relations between the individual and the state is presented. The limited approaches to understanding law as an instrument of stability and predictability are substantiated, arguing that the modern legal reality is a complex symbiosis in which legal uncertainty has a dual nature, expressed in positive and negative aspects. The dual nature of legal uncertainty is substantiated based on the analysis of the positions of leading theoretical scientists – V.M. Baranova, N.A. Vlasenko, V.P. Reutova, and others. The example of being held accountable for searching for extremist materials demonstrates the risk of legal uncertainty for individual rights. Using the dialectical method, the essence of these categories in the relationship between the individual and the state is investigated and their content is revealed. It is noted that one should not strive for strict certainty of legal norms. The forms of legal certainty, types of legal uncertainty, positive and destructive functions are highlighted. The author’s understanding of the categories “legal certainty” and “legal uncertainty” is proposed. The conclusion is made about their complementary nature, the contradictory unity of which serves the development of the legal system.