The doctrine of legal expectation and estoppel: relationship and prospects for effective use in the Russian legal system

Adygezalova Gyulnaz Eldarovna, Kovaleva Yulia Nikolaevna

The article provides a comparative analysis of the nature of estoppel and the doctrine of legitimate expectations, which have not yet found legislative consolidation in the Russian legal system, but which are reflected in judicial practice and are attracting increasing interest of legal scholars, taking into account the reform of civil legislation. The authors give examples of the mention of estoppel in judicial arbitration practice, legal expectation in the decisions of the European Court of Human Rights and the Supreme Court of the Russian Federation. The authors come to the conclusion that estoppel is effective and applicable in civil and arbitration proceedings, as well as in civil law, while the doctrine of legitimate expectations could become a full-fledged institution for the protection of powerless subjects in public law relations.

Keywords:the doctrine of legitimate expectation, estoppel, balance of private and public interests.