THE PRINCIPLE OF JUSTICE IN LAW ENFORCEMENT
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2016, Vol 6, Issue 89
Abstract
Background. In connection with the construction of a democratic constitutional state in Ukraine there is a need for a definition of the principles of law application. Subjects of application of the law should act only under and in accordance with the legislation of Ukraine, guided by the principles of the application of the law. The scope of these activities should be clearly defined by normative and legal acts, with the purpose of streamlining of public relations; it is directed by the state, so it is possible to speak about a special form of governance of society. The purpose of this article is to study the principles of application of the law in general and the analysis of the social and legal aspect of the principle of fairness in their system. Materials and methods. The information base of research is the Constitution of Ukraine, scientific works of domestic scientists. The study used general scientific and special legal methods: systemic – to determine the principles of application of the law as a complex, dynamic, functional system, that includes the different components with their specific tasks and functions, which interact with each other for achievement of this objective, comparative legal method – to identify common and distinctive principles of application of the law. Analysis of recent researches and publications. The works of many contemporary Ukrainian scientists are devoted to the study of the special principles of application of the law and refer the rule of law, legality, validity, expediency, efficiency and humanism to the basic special principles of law application. But the problem of applying the principle of justice in human rights activities has not received sufficient popularity among the domestic scientists, so there is a need for their research. The results of the study. Principles of application of the law are general principles, which are mandatory requirements, performing the function of general and normative guidelines. They are the integral system of governing legal principles, which affect various aspects of the application of the law as the unity of substantive and procedural principles. A comparative description of the principles of justice, rule of law, legality, validity, appropriateness, efficiency, humanism in the system of application of the law was offered. The opinion on the nature of the principle of justice as a system was grounded. Conclusion. Principles of application of the law are the holistic system of general guidelines, which serve as general and normative guidelines and act as obligatory requirements for application of the law. The principle of justice is ethical and legal phenomenon, the value of which is manifested in the process of application of legal norms, achieving the optimum balance between general human, including legal values corresponding to the level of economic, political, social and cultural development of society and provide a successful solution of both immediate and long-term objectives of normative regulation.
Authors and Affiliations
Nataliya KOSTYUK
Keywords
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