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Publications of Rundkvist Anton Nikolaevich
Legal Studies, 2020-10
Rundkvist A.N. - Correlation between the principle of justice and legal axioms pp. 64-78

DOI:
10.25136/2409-7136.2020.10.33504

Abstract: The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice
Legal Studies, 2020-1
Rundkvist A.N. - Correlation of principles of justice and lawfulness: criteria of injustice of law pp. 47-60

DOI:
10.25136/2409-7136.2020.1.30309

Abstract: The object of this research is the legal principles of justice and lawfulness. The subject of this research is the fundamental general theoretical question of correlation of legal principles of justice and lawfulness for the purpose of establishing which of these principles has priority over the other, as well as criteria by which the positions of a particular legislation can be attributed to just or unjust. Special attention is given to the concepts of presumption of justice of law and extremely unjust (unlawful) law. The novelty of this research is reflected in the following : 1) original definition is given to the principle of justice as a universal legal backbone supra-principle, based on the concepts of common good and legal balance, penetrating the entire system of legal principles, directly connected to the legal axioms and having priority character compared to principle of lawfulness; possible flaws are determines in normative legal acts from the standpoint of justice, such as flaw of intention (augmented by negative result), flaw of the author, flaw of the form, flaw of the content, flaw of implementation; 3) the author delineates the concept of presumption of justice of law active with regards to any official legislation, excluding those characterized as unjust; 4) criteria are determined for extremely unjust law; 5) the author introduces the category of “debatable” law, benefiting from the current presumption of justice, and the category of “anient” laws that are unlawful in their nature.
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