Historical and legal regulation of the concept of justice
Автор: Tishchenko A. V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Общие вопросы теории права. История правопорядка
Статья в выпуске: 2 (29), 2021 года.
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In the era of digitalization, there is a need to introduce and consolidate a number of basic provisions of the current legislation. The article examines the criteria of justice as a value-legal category. Various positions are given in the interpretation and enforcement of justice. So, this need was manifested in the clarification of the principle of justice, in the allocation of value-legal guidelines, analysis of the understanding of the definition of “justice” by various legal schools. The transformation of justice during the formation and development of various state structures is noted. The author singles out the problem that the legislator in normative legal acts declares the principle of justice either “explicitly” or “a priori” through the prism of other legal universal principles of justice, such as through the equality of all before the law and the court, legality. In the current national legislation, justice is mainly reflected as a meaning that carries an implicit character when the law is applied by the court and public authorities, only in some legal acts justice is reflected as a principle of law, for example, in the Criminal Code of the Russian Federation, justice is enshrined as a principle, while in In the Arbitration Procedural Code of the Russian Federation, justice is enshrined in the tasks of legal proceedings. About what the author investigated earlier in previous articles on this topic. In conclusion of the study, the author argues for the position taken in relation to the meaning and content of the definition of “justice”. Emphasizes that it is necessary for the legislator to consolidate in the legal field the principle of justice as a universal principle of law in order to exclude different interpretations of the definition of “justice” and its assessment of criteria as a value reference.
Fairness, the principle of fairness, justice, ethical norms, morality
Короткий адрес: https://sciup.org/14119341
IDR: 14119341