PRINCIPLES OF LAW AND JUSTICE IN THE HISTORY OF RUSSIAN LEGISLATION AND WESTERN EUROPEAN STATES

Abstract

The paper deals with the correlation of the principles of law and justice throughout the history of Russian and foreign legislation. In ordinary people’s ideas, law and law have always been associated with justice. The effectiveness of any law depends primarily on its fairness. Therefore, positive results in this direction can be achieved only if laws, by-laws, and other sources of law meet the requirements of justice. The author substantiates the thesis that in order to establish the right balance between justice and legality, first of all, it is necessary to take into account their importance as social regulators of the harmonious relationship of the individual with society. The formation and implementation of the principle of legality in the activities of the Russian state and the life of Russian society for many centuries of state and legal development of Russia remained, and still remains, one of the main trends in the activities of the true state power. The process of legal registration of requirements of law in the Russian law has come a long process from the first germ of its fixation in the early stages of legal development, to a sufficiently clear and unambiguous definitions and requirements in the beginning of the XXI century is Considered the Genesis of consolidation of legality and justice in the Russian legislation with the IX — the beginning of XXI century in the legislation of foreign countries. A study of the pattern of manifestations of legal justice suggests three modifications: legal justice according to the custom (as the unwritten law), legal justice for official legitimate law (the formal law) and legal justice, scientific and doctrinal. The author dwells in detail on the theoretical and philosophical characteristics and definitions of law and legal structures, based on the works of S.L. Frank, P.G. Vinogradov, V.S. Solovyov.