Recognition of legal norms as unconstitutional as a form of overcoming legal uncertainty

The subject of the research is the study of overcoming the legal uncertainty of legal norms by recognizing them as unconstitutional as a result of the implementation of constitutional judicial review. The author considers the role of recognizing legal norms as unconstitutional for the state of legal certainty, the consequences of implementing the considered form of activity of the Constitutional Court of the Russian Federation, designated in the practice of constitutional justice, situations that clearly entail recognition of legal norms as inconsistent with the Constitution, as well as methods of achieving legal certainty. The study is based on the established practice of the constitutional review body of Russia in the administration of constitutional justice, its analysis from the point of view of the idea of legal certainty and other guiding legal ideas, as well as the opinions and positions of leading political scientists on the issue under consideration. This study uses general scientific (analytical, statistical) and special (formal-legal) research methods. The study has established that recognizing legal norms as unconstitutional is a radical way to overcome legal uncertainty, which is associated with the consequences of decisions of Constitutional Court of the Russian Federation. In addition, based on the practice of constitutional justice, groups of situations are defined in which the application of the method under consideration becomes inevitable, and methods implemented by the Constitutional Court of the Russian Federation are identified that facilitate the achievement of legal certainty (for example, addressing the legislator with instructions on future legal regulation, establishing measures for the implementation of decrees recognizing norms as unconstitutional). The author also raises the problem of maintaining the effect of legal regulation recognized as unconstitutional, as well as the problem of enforcing decisions recognizing legal norms as unconstitutional, in connection with requests from judicial bodies.