The reflection of justice in the regulation mechanism as a condition of efficiency action of the law

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Introduction: the article deals with legal justice, which is based on a similar category as a moral phenomenon. Its further efficacy in the mechanisms of regulation, coercion, and trial, in which its "invisible shadow" must be present, will depend on the reflection of the concept under study in the rationing mechanism. The category of justice from the point of axiological and deontological approaches reflects in the rationing mechanism. During the crisis determining external and internal factors dangerous trend of “erosion of principles” appears which may affect the equity-based approach. Materials and Methods: the author relied on the works of domestic researchers. System and structural, social phenomenology, general scientific method of analysis, comparison, deduction were used as methodological approaches. Results: through the mechanism of regulation, justice from a moral category passes into a moral and legal one reflecting in the rules of law. A dangerous tendency is noted to reduce the principle of justice to legal constructions in the process of the rationing mechanism, which can cause devaluation of the category in question. In order for the level of legal justice not to be assessed with a minus sign, not to be transformed into its antipode, it is necessary in the process of regulation mechanism to strive to reflect in the rules of law not the priority of public interests over private ones, but to create regulatory conditions to ensure a balance of public and private interests in society. Discussion and Conclusions: it is noted that the examination of draft regulations with the involvement of scientists in this field to establish factors that contribute to the competent reflection of principles and values, including justice in the rationing mechanism, will bring a positive result. Suggestions are made to identify the factors that determine the adoption of a normative act that does not fully contribute to the implementation of the principle of justice. Ideas about justice, which are reflected in the rationing mechanism, may change over time, depending on a number of circumstances, the interests of individual groups, etc.

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The principle of justice, value, moral category, moral basis, mechanisms of action of law, rationing mechanism, law enforcement, efficiency

Короткий адрес: https://sciup.org/142237200

IDR: 142237200   |   DOI: 10.37973/KUI.2023.16.44.002

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