Abstract

The article presents and solves the scientific problem of identifying the legal nature and content of social justice as an integral part of the principle of justice. The theoretical and normative basis of the study were scientific works of domestic and foreign scientists in the field of jurisprudence, philosophy, political science, sociology, history. They are devoted to the general problems of the essence of the principle of justice, its value and normative content, social and legal nature of the principle of justice, issues of legal certainty and stability of legal regulation, specific problems of implementation of the constitutional principle of justice. The problem of justice, namely social justice becomes especially relevant in the context of globalization. The practice of the Constitutional Court of Ukraine shows that the Constitution of Ukraine does not enshrine the principle of social justice in a direct form, but the entire legal system is based on the idea of justice. It is established that justice essentially reflects the realities of a society, the level of its cultural and legal maturity. It can manifest itself at different social levels, in different spatial and temporal dimensions. Thus, correlating the concepts of justice and law, justice can be considered as a legal standard with which the real socio-economic, political, financial, moral and ideological relations. Justice is not only a moral, philosophical category, but, first of all, a legal one. Justice is a legal phenomenon that relates to the very essence of law and is the distinguishing feature between law and the principles of law. In addition, it is a phenomenon of morality, because it is an idea that determines the moral principles of society. It should be noted that in some cases the application of the principle of justice is complicated, for example, when it conflicts with the principle of legality. Attention is drawn to the fact that in our state the principle of justice is not fully implemented. Social justice is the most important social value, a creative phenomenon that contributes to the reform of society on the basis of democ-racy and humanism.

Highlights

  • The theoretical and normative basis of the study were scientific works of domestic and foreign scientists in the field of jurisprudence, philosophy, political science, sociology, history. They are devoted to the general problems of the essence of the principle of justice, its value and normative content, social and legal nature of the principle of justice, issues of legal certainty and stability of legal regulation, specific problems of implementation of the constitutional principle of justice

  • The problem of justice, namely social justice becomes especially relevant in the context of globalization

  • The practice of the Constitutional Court of Ukraine shows that the Constitution of Ukraine does not enshrine the principle of social justice in a direct form, but the entire legal system is based on the idea of justice

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Summary

Introduction

Стаття поставлена івирішена наукова проблема виявлення юридичної природи та змісту соціальної справедливості як складова частина принципу справедливості. Bakhnovskaya I.P., Slobodyska O.A. Legal nature of social justice as an integral part of the principle of justice The article presents and solves the scientific problem of identifying the legal nature and content of social justice as an integral part of the principle of justice.

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