The institute of legitimate expectations in Russia and abroad

This article examines the concept of legitimate expectations in administrative law in Russia and other countries (Germany, France, and the United Kingdom). It analyzes the principle's content, functions, and potential for human rights protection in the context of ensuring legal certainty and predictability of administrative actions. Legitimate expectations are generally understood to refer to a situation in which a person has formed reasonable expectations regarding a specific behavior of government bodies or officials, stemming from applicable legal norms, established administrative practice, or official policy. In the Russian Federation, the principle of protecting legitimate expectations has not yet been directly enshrined in law. It is not explicitly mentioned in either the Code of Administrative Procedure or laws on administrative procedures. Nevertheless, the preconditions for its development exist. In Germany, the protection of citizens' legitimate expectations has long been recognized as part of the principle of the rule of law and is specifically manifested through the doctrine of Vertrauensschutz-"protection of trust." This principle states that the state must justify citizens' trust in the stability of the legal situation and the reliability of public promises. In French administrative law, the distinct doctrinal concept of "legitimate expectations" (confiance legitime) long existed. However, the actual protection of such expectations is implemented within the general principle of securite jurid-ique-legal security (certainty). The Conseil d'Etat (French Council of State) has historically held the position that administrative acts should not suddenly and unpredictably violate the established legal status of individuals. The United Kingdom is the birthplace of the term "legitimate expectations" and the country where this institution has received its most developed judicial interpretation. The principle of legitimate expectations developed in English common law in the area of judicial review of administration. The institution of legitimate expectations has received varying degrees of development and forms of enshrinement in administrative legal systems. Two main legal families of approaches to legitimate expectations can be distinguished: 1. The Continental European approach (Germany, France) - characterized by the inclusion of the principle of trust protection in the general principles of law, closely linked to the principle of legal certainty. 2. The Anglo-Saxon approach (United Kingdom) is shaped by judicial practice and focuses on the principle of fairness toward those who have placed their trust in the promises of the authorities. The institution of legitimate expectations plays an important role in ensuring a balance between the flexibility of public administration and the protection of citizens' legal certainty. Contemporary Russian and international scholars agree that the protection of legitimate expectations is a necessary element of the concept of the rule of law. The author declares no conflicts of interests.

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