The Ontological Meaning of Legitimate Expectations in the Context of Constitutional and Legal Protection of Human Rights

Abstract

Abstract. The concept of protection of legitimate expectations in world practice is not a new phenomenon. The development of law, its further humanization, and the expansion of human rights have largely determined the need for the development of those concepts, the content of which is the study of not only the law itself, but also its manifestations. The concept of legitimate expectations can be attributed to the latter. Not being law in its own sense, they can nevertheless be the object of protection to the extent that they are formed on the basis of law. Legal opinion has not yet formed a clear vision on the issue of what exactly should be considered legitimate expectations and what they are in essence. This issue is mostly investigated fragmentarily and, usually, in the context of the operation of other legal principles, such as the principle of legal certainty. The concept of "legitimate expectations" is also used by the Constitutional Court of Ukraine, formulating legal positions in matters of constitutional jurisdiction. The Court's motivation of its decisions with reference, among other things, to legitimate expectations causes the reference to such expectations by citizens and legal entities who apply to the Court with constitutional complaints. In a broad sense, being final and binding, the decisions of the Court acquire the character of a source of law, in particular in the context of the investigated issue. This, in turn, necessitates a substantive study of the nature of legitimate expectations, their place in the legal system, and their impact on resolving the issue of the constitutionality of Ukrainian laws. Therefore, the purpose of the article is to analyze the nature of legitimate expectations, their impact on the state's activities, and outline the limits of constitutional and legal protection. As a methodological basis, a pidkhid is propagated, for which legitimacy it is not only the principle of legal authority, but also the principle of trusting a hulk to a state, for which the method of grammatical clouding, german tychny and formally logical methods. The scientific novelty of the study of the nature of legitimate expectations in the context of the influence on the resolution of the question of the constitutionality of the laws of Ukraine in the philosophical and legal plane is practically determined by the lack of scientific publications on this issue. The relationship between the principle of trust in the state and the provisions of Article 3 of the Constitution of Ukraine is presented. The impossibility of absolutizing legitimate expectations and the need to maintain the necessary balance between the need to take such expectations into account when changing legislation and the need to avoid the continuation of a paternalistic approach by the state to citizens are substantiated. The practical significance of the study is determined by the need to develop theoretical and philosophical foundations for the further development of the constitutional process in Ukraine

Keywords: legitimate expectations; legal certainty; trust in the state; constitutional legislation