On the question of the concept of justice

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Introduction: the article examines the meaning of the concept of "justice" for the creation of an effective mechanism for the implementation of judicial power and discusses the actual problems of the essential significance of this category for law enforcement practice in various branches of law. The study of the concept of justice from various points of view requires the development of signs of justice, regardless of the types of legal proceedings. Materials and methods: The normative basis of the research is the provisions of the Constitution of the Russian Federation, federal constitutional laws, resolutions of the Plenum of the Supreme Court of the Russian Federation and resolutions of the Constitutional Court of the Russian Federation, scientific research in the field of judicial activity. The methodological basis of the research was the general dialectical method of scientific cognition, which has a universal character, as well as methods of logical deduction, induction, cognitive methods, methods of comparison, analysis, generalization and description. Results of the study: it allowed us to identify and reveal two approaches to the essential concept of justice, demonstrate the connection of the methodological foundations of the categorical apparatus with law enforcement practice, reveal the main features of the concept of justice, the role of discretion of the law enforcement officer when using evaluative concepts, and finally formulate the author's concept of "justice". Findings and Conclusions: the functions of the court in the modern world are being transformed, and the category of "justice" is being filled with new content. Under justice, one should consider the main form of implementation and content of judicial power, consisting in the activities of the court to protect the rights, freedoms and legitimate interests of citizens, organizations, society and the state by considering and resolving a legal dispute in a certain procedural form, the result of which is the application of law provided by the possibility of state coercion and expressed in generally binding acts.

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Judicial power, justice, judicial proceedings, discretion, guarantees, act of justice

Короткий адрес: https://sciup.org/143178854

IDR: 143178854   |   DOI: 10.55001/2312-3184.2022.47.61.014

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