Подходы к пониманию справедливости

Abstract

Various doctrinal approaches are considered, which are ambiguous when using a number of terms, which include principles of law, legal phenomena, among them: justice, legal certainty, proportionality. Considering justice, its different types are noted. In Russian socio-humanitarian science it is presented in the form of general and special (private) justice. There are subjective and objective justice, formal and substantive justice. Procedural fairness is highlighted separately. The study concludes that the diversity of ideologies of modern society does not make it possible to answer the question about the principles of proportional justice, which should be reflected in law, therefore the criteria of justice contain a broad intersubjective basis that allows them to be realized in procedural justice. The analysis of theories gives the right to assert that the variety of theories of justice themselves will always vary from the priority of one or another benefit in society, which is the basis of social institutions, political and legal ideology, and the procedure for establishing the result.