DOI: 10.7256/2454-0706.2022.1.34178

Abstract: The object of this research is justice and balance viewed as the paramount legal categories. The subject of this research is the interrelation between them reflected in the materials of law enforcement practice of the Constitutional Court of the Russian Federation. Research methodology leans on the systemic and axiological approaches; general scientific methods of deduction, induction, analysis and synthesis; sociological method of content analysis used in studying the decisions of the Constitutional Court of the Russian Federation; as well as statistical for quantitative processing of the acquired data. Special attention is given to the questions of fair coordination of the constitutionally protected values and balanced distribution of subjective rights and legal responsibilities among the parties to legal relations. The following conclusions determine the theoretical novelty of this research: 1) analysis of the decisions of the Constitutional Court of the Russian Federation demonstrated the semantic correlation between the legal categories of justice and balance; 2) it is admissible to consider the orientation towards achieving certain balance as one of the essential criteria of the principle of justice; 3) classification of the objects amenable to balancing in relation to each other is conducted in accordance with the requirements of the principle of justice; 4) such classification determines the two level of balance: the firs one implies coordination of the constitutionally protected values, while the second one suggest the coordination of rights and responsibilities of the parties to legal relations; 5) formulation is provided to the three general riles of balanced distribution of subjective rights and legal responsibilities within the specific legal relations; 6) an original definition is given to the legal balance, which largely reveals the content of the principle of justice.

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

DOI: 10.25136/2409-7136.2018.6.22925

Abstract: The subject of the research is the Russian procedural law and judicial practice of the Constitutional Court of the Russian Federation regarding general requirements set forth for judicial decisions. The researcher pays attention to the evaluation of such decisios from the point of view of the general legal principle of justice. The aim of the research is to describe essential features and give a definition of the fair judicial decision. In addition, the author touches upon the problem of differentiation between private, social, public and state interests that are important for keeping the legal balance through distribution of mutual rights and responsibilities when making a fair administered justice. The author has applied the general research methods as dialectical analysis, and a number of private research methods such as analysis, induction, deduction and formal law method. The results of the research demonstrate the relationship between judicial decision that fulfils the requirements of fairness and such terms as adequacy, proportionality, legal balance, etc. The scope of the research results covers the law enforcement practice as well as procedural branches of the Russian law, in particular, the author emphasizes the need to enfroce requirements for the fairness of a judicial decision in particular articles of the Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation and Administrative Procedure Code. The author of the article also gives recommendations to coordinate requirements for legality and fairness in the course of justice and offers an integrative approach to interpreting the principle of fairness taking into account the role of justice in the entire system of legal principles and legal axiomes.