Justice: concept and meaning under the Criminal Code of Ukraine
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The problem of the absence of criminal law in the concept and significance of such a legal category as “justice” is explored and disclosed. On the basis of the analysis of many works of scientists in the article the concept of justice is considered in the context of a broad approach that determines that justice is carried out not only by courts but also by other subsidiary state bodies, and a narrow approach that indicates that justice can be defined as a phenomenon that is up to the decision of the courts with the help of its activities and in relation to its competence civil, economic, administrative and criminal cases in accordance with the procedure established by law. The problem of justice is investigated as follows: comprehensive strengthening of law and order; prevention of crimes and other offenses; protection from any encroachment of the basic principles of the social system enshrined in the Constitution of Ukraine, and others. The names of renaming the section “Crimes against Justice” of the Criminal Code of Ukraine are also considered. The category of accessibility of justice is considered, that the law in the literature refers not only to the territorial approximation of the organs of justice to citizens, but also to the availability of rights and opportunities for their implementation by appealing to the court, the initiation of judicial review, as well as the presence of correspondent duties of subjects who conduct criminal process. Also, the article deals with the analysis of crimes committed against justice and on the basis of research determines a common generic object – social relations in the field of ensuring the administration of justice
Authors and Affiliations
В. С. Стельмах
Keywords
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