NECESSITY TO FIX THE CONCEPT OF JUSTICE IN THE LEGAL DOCTRINE AND PATRIOTIC LEGISLATION


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Abstract

The article is devoted to the issue of justice in legal doctrine and domestic proof and is aimed at solving both theoretical and practical problems. The question of justice has long been one of the leading places in the research work of many scholars of jurisprudence, philosophers, theologians, sociologists, etc. In an effort to explain to themselves and the world that “justice” itself is, scientists have chosen different definitions, some of them which, in essence, seem to be identical. Such a differentiated understanding of justice entails a great danger for the stable existence of society, since it is one of the key concepts of morality and law, the most important social normative systems. The misunderstanding of the term “justice” among law enforcement agencies threatens to undermine and depreciate it, the growth of legal nihilism. Therefore, the strengthening of this concept in the domestic legislation and (or) legal doctrine is essential for the security of our state, the stability of the legal system. The concept of justice is repeatedly found in the normative legal acts of the Russian Federation, inherent in both criminal and civil legislation. Undoubted seems the fact that such a socially significant concept as justice can not have a different character in different legal branches, on the contrary, it should concentrate in itself a single ideal of Russian society, the basic principle of the whole system of law. However, at the moment the legislator, who has included the word “justice” in various legal acts in various case variations, does not give any interpretation of it, with the exception of the Criminal Code of the Russian Federation. However, in our opinion, the concept of the principle of justice presented in the codified legal act does not correspond to the role of this concept in the entire system of law of our state and does not solve all the existing practical and theoretical problems facing our society.

About the authors

Dmitry Sergeevich Kharauzov

Togliatti State University, Togliatti

Author for correspondence.
Email: d.xarauzow@yandex.ru

student

Russian Federation

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