Abstract
The article reveals the essential characteristics of justice as a specific type of state activity and identifies the main signs of justice that distinguish it from other types of state activity as well as from other types of judicial activity. The article also analyzes the categories of “justice” and “judicial power” and defines the essence of judicial control in the context of its relationship with justice. As a result of the study, the authors come to the conclusion that the most important and promising approach is to consider justice to be one of the characteristics organically inherent in the judiciary or as a related phenomenon. In this sense, justice is defined as state activity within the framework of which the judicial power is exercised. The judiciary is, accordingly, the essential expression of the functional purpose and competent certainty of justice. Turning to the issue of the signs of justice, the authors touch upon the problem of its wide and narrow understanding arising in connection with the increasing role of mediation, conciliation and arbitration as alternative forms of resolving legal conflicts, as well as in connection with vesting certain state bodies with jurisdictional powers. They come to the conclusion that, unlike in a number of foreign countries, justice in Russia can be administered only by state courts. The study of the subject area of justice related to the situation of legal conflict is also of considerable interest. In this context, the analysis of the concept of “legal conflict” and the proposed differentiation of such conflicts into types with the subsequent study of each of them is quite justified. Having studied justice as acategory, which makes it possible to reveal the content and legal essence of this type of state activity, the authors define this concept in one universal definition.
Highlights
The article reveals the essential characteristics of justice as a specific type of state activity and identifies the main signs of justice that distinguish it from other types of state activity as well as from other types of judicial activity
Justice is defined as state activity within the framework of which the judicial power is exercised
Adherents of various scientific concepts gradually come to the idea of the need for a common understanding of justice, revealing it, on the one hand, as a function of the judiciary and, on the other hand, as a type of state activity in which the judicial power is implemented
Summary
As one eminent jurist put it, justice is the main interest of man on earth. In foreign legal doctrine justice is often defined as something incidental to other ends of our existence that implies justness, right and adjusted relations of man.. As for the other issues of justice, in particular, the rules of the court activities and judicial proceedings, they are not reflected in the Turkish Constitution and are regulated by special laws. According to one point of view, the only function of the judiciary as a branch of state power is judicial protection of the rights and freedoms of a person and a citizen, and justice is a form of realization of judicial authority. Constitutional control exercised by the Constitutional Court of the Russian Federation and constitutional (statutory) courts of the constituent entities of the Russian Federation, as well as judicial control over the legality of actions (inaction) and decisions of public authorities, exercised by courts of general jurisdiction and arbitration courts, are the contents of constitutional and administrative justice, respectively, which are implemented in the form of constitutional and administrative proceedings.
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