ПРИНЦИП СОЦІАЛЬНОЇ СПРАВЕДЛИВОСТІ ТА ОСОБЛИВОСТІ ЙОГО ЗАСТОСУВАННЯ У ВЗАЄМОЗВ’ЯЗКУ ІЗ ПРИНЦИПОМ ВЕРХОВЕНСТВА ПРАВА

Abstract

It is noted that the principle of social justice is a part of the category of justice and is the ideological basis for the principle of the Rule of Law. It is substantiated that the principle of social justice plays an important system-forming role in the formation of the law-governed state and in directing the mechanism of legal regulation to achieve the balance of public and private interests, to ensure human rights and freedoms, and the decent living standards. It is emphasized that the practice of adopting unjust laws or court decisions is spreading, but it does not receive a proper assessment from both the relevant body that adopts such act and from the authorized authorities that should ensure steady observance of the rights and freedoms of citizens, as well as economic entities. Despite the normative and legal establishing of the principle of social justice and the presence of doctrinal approaches to understanding its content, it is necessary to state that the regulatory potential of the said principle is not fully involved in the process of law-making and law enforcement activities. In this regard, the authors expressed the opinion that the development of legal regulation of the relevant spheres of social relations is taking place in the direction that contradicts the ideology of justice, prioritizing the form over the content of legal regulation. According to the analysis, attempts to interpret legislative acts only using a legal-formal approach to understanding the meaning and purpose of the Rule of Law in separation from the principle of social justice leads to the generation of “abstract” — not related to the economy — law. It is substantiated that a human-centric approach can contribute to a fair distribution of national wealth and reduction of inequality in society, which should be consolidated in law due to more active implementation of the principle of social justice in the process of forming the legal policy.