JUSTICE, LEGAL PROCEEDINGS AND CONFLICT OF INTERESTS, PHILOSOPHICAL AND LEGAL PROBLEMS OF COEXISTENCE
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 2
Abstract
The problems of correlation between concepts of justice and legal proceedings, their relation with the category of “conflict of interests” and its components are studied. Possible problems of achieving justice in the course of judicial proceedings under conditions of improper regulation of conflicts of interest situations are explored. An attempt has been made to generalize the features of justice that distinguish it from other forms of activity of the judiciary. Recently, many works devoted to the settlement and prevention of conflict of interests in various spheres of civil service have been published. The article deals with the problem of conflict of interests in such a specific area of government activity as justice. A logical analysis of the possible consequences of imperfect regulation or non-regulation of this problem, the reflection of such gaps in the authority of the judiciary and its significance to ensure the rule of law and democracy. Formal-logical methods are used for the knowledge of the content of the concept of justice, analyzed distributive justice (equal and proportional), its realization within the framework of material and procedural law, as well as reciprocal justice and its evolution and embodiment in the law. The modeling method attempts to reveal the problems of the implementation of justice in the presence of conflicts of interest situations, conclusions are made regarding the possible transformation of this activity of the court in such conditions. Using the historical method, the evolution of the philosophical problems of conflict of interests in justice is disclosed. Works of Plato, Aristotle, S. L. Montesquieu, J.P. Marate on these issues. A brief analysis of the international legal settlement of the conflict of interests in the field of justice has been carried out.
Authors and Affiliations
Oleksandr ANDRUSHCHENKO
Keywords
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