Principles of justice, their essence and classification
The considered principles are relatively stable and stable rules of law, which have the following characteristics:
- established dominance over other norms of regulation of public relations;
- Objectively subjective nature;
- systemic character;
- a reflection of the historical conditionality of the entire right of a given country at a given time.
The principles of justice differ from other principles of regulation by essential distinctive features, the main ones of which are the following:
- possession of objective-subjectivecharacteristics, which is as follows. Objectivity is indicative of the level of development of the state that has been achieved at the time, and subjectivity provides for the possibility of reflecting specific legal norms, acts, principles in individual legal consciousness.
- the possession of a common character, because theyregulate only the most important areas of the functioning of law enforcement agencies and serve as a substantive basis for the creation of other legal norms.
- the principles of justice are universal and universal, that is, they must be enforced by all citizens and state officials.
If there are found between the rules of lawcontradictions, then the rules of law, which are the principles of fair interpretation of legal conflicts, exist and exist in the form of legal ideas. And in case of legal gaps, the interpretation of the principles is allowed, in this case they appear as democratic principles of justice.
The dominant position in the law of principlesis ensured by the fact that legislators are obliged to be guided by them when creating new laws, and courts - when making judgments. This is achieved by the fact that the principles have a normative status, that is, they are formalized and fixed legislatively. Their generalization gives principles a systematic character, that is, a functioning in which the operation of one principle is necessary and objectively entails the action of the other. Such interdependence occurs also when they are violated. Systemic character gives stability and stability to principles.
To look more closely at detailthe principles of justice, the classification of which will be given below, it should be noted that, because of their complexity and interrelatedness, it is carried out for several reasons.
According to the source of consolidation, the principles that are reflected in international law, the Constitution of the state and in special acts regulating the judiciary and legal proceedings are singled out.
According to their content, they are classified into those that characterize the judicial power itself, reflect the status of the judiciary and those that determine the legal status of a person.
The principles of justice by appointment are classified into the judiciary and the judiciary, and in importance - to the basic and secondary.
The principle of legality provides thatcontradictions between legal acts should be resolved in accordance with strictly established rules, and that there should be as few of such cases as possible, the relevant quality of laws should be provided - certainty, clarity and unambiguity. In addition, this principle provides for the direct operation of constitutional norms.
The principle of independence of judges reflects theiran independent position with regard to public authorities. No one has the right to influence the decision of judges who are subject only to the law. The principles of justice provide for a clear procedure for ensuring the independence of judges.
The presumption of innocence, as a principle, is that any person, until he is found guilty by the court, is innocent.
Thus, these principles determine the most important directions of law-making and legal proceedings in the state, their conformity to the level of civilizational development of the whole society.