doctor of jurisprudence, professor
On the basis of philosophic categories ‘uncertainty’ and ‘certainty’, the author investigates the nature of legal uncertainty. At the same time special attention is paid to the role of abstraction in law-making. Legal uncertainty is expressed in the core element of law – legal rules, their components. But uncertainty in law can manifest itself also as a legal regulation defect, i.e. inaccurate, incomplete and inconsistent consolidation and implementation of the legislative will in the legal rule. Among the ways to transfer from uncertainty to certainty the author names law specification, reasonableness, and legal custom. The author draws the conclusion that uncertainty in law is, in the first place, a characteristic of law, that manifests itself in the lack of speciality of form and content of legal phenomena; secondly, a property of law which possesses both positive and negative meaning; and thirdly, a predicted pattern of the transfer from the property ‘uncertainty’ to the property ‘certainty’, which is inherent to law just as to other social phenomena.
Keywords: legal regulation, certainty in law, uncertainty in law, specification in law, legal discretion, reasonableness in law, abstraction in law, generalization in law, typification in law, evaluation concepts.