Концепт справедливости в современной российской правовой системе

Abstract

The idea of a continuous dialogue between the legislator and its addressees about ‘equity law’ with an emphasis on the moral & legal value of justice as substantive equality (equality in the proper) is suggested as the basis for the concept of justice in Russia today. The fundamental values of law, such as justice, freedom (equality in freedom), human dignity, as they are reflected in the principles of law, thereby acquire a regulatory practical focus, obliging both lawmakers and law enforcers to follow these principles. Justice itself can claim to be a general legal principle. In addition, the article describes the idea of legal justice as the obligation to follow the principles of law. According to this approach, all principles of law are derived from the principle of mutual recognition, including the principle of justice. The principle of mutual legal recognition is the basis for understanding the measure and limits of human responsibility and legal duties, reflecting the principle of solidarity. To assess the applied significance of theoretical studies of justice, the authors turned to the analysis of the acts of the Constitutional Court of the Russian Federation, which through its legal views partially compensates for the lack of a legal constitutional definition of justice. The apparent variability and ambiguity in the language used by the Constitutional Court should not conceal the unified legal nature of the principle of justice. The study of the concept of justice has proven to be particularly relevant in the field of sports: the sport regulators, explicitly or implicitly, are increasingly ignoring the fundamental principles of law. Appeals to justice in sports law illustrates its fragmentation, reduction to equality, and limitation to the purpose of providing procedural guarantees in dispute resolution. Analysis of the current situation in the field of sports suggests that justice should be considered in a comprehensive way: as a material and fundamental basis of normative and legal regulation and law enforcement.