ТЕОРЕТИКО-ПРАВОВІ АСПЕКТИ ПОНЯТЬ «ЗАСАДА» І «ПРИНЦИП» СУДОЧИНСТВА

Abstract

It is researched definition of the concepts «principles of judicial proceedings» and «fundamentals of judicial proceedings». It is analysed the legislative consolidation of the concepts being researched. Features of the concepts «fundamental» and «principle» are considered. It is made a distinction between these concepts. There are highlighted sectoral subsystems of the system of principles of judicial proceedings. There are outlined main provisions of the theories of natural and positive law. The authors has proved that identification of the terms fundamental and principle is impossible because they are different in their essence and sphere of regulation. It is concluded that the fundamentals of justice should be considered in terms of natural law as a basis that is enshrined in the basic law and determines the rule- making activities in the field of justice and administration of justice and determines the basic methods and forms of court activity. The principles must be considered as a positive law, which is specified and enshrined in certain procedural legislation and determines the specific form of activity of the participants in the proceedings.