Protection of legitimate expectations: Practice within European and Russian law

Abstract

The present article briefly examines the concept of legitimate expectations in light of the right of every person to the peaceful enjoyment of their possessions. It analyzes a practical example of the problem of how the named concept is insufficiently developed in Russian law. The article examines the origins and content of legitimate expectations in a foreign doctrine and reveals the contents and underlying principles of legitimate expectations using an example of case-law of the United Kingdom along with Federal Administrative Court and Constitutional Court of Germany as well as the case-law of the European Court of Human Rights under Article 1 of Protocol no. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. A conclusion is made about the significance of legitimate expectations within the development of fundamental economic freedoms. The author of the article concludes on several perspectives for the development of the concept of legitimate expectations within the case-law of the European Court of Human Rights along with potential benefits of the development of the concept in Russian law concerning the protection of rights of those who conduct economic activities.