Relationship between the idea of fairness and the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine

Abstract

The article highlights the relationship between the idea of fairness and the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine. It is pointed out that the entire legal system in the world, declarative-formal or real, is based on the idea of fairness, and accordingly, all judicial bodies, including the Constitutional Court of Ukraine are called to serve this idea. Since the main task of the Constitutional Court of Ukraine is to guarantee the supremacy of the Constitution as the Basic Law of the state throughout Ukraine, the basic principles on which the justice system develops and operates are determined by the Constitution of Ukraine. To ensure and protect them by the Basic Law, the only body of constitutional jurisdiction, the Constitutional Court of Ukraine, is empowered to exercise judicial constitutional control over legislation, international law and other bylaws. The paper reveals the relationship between the idea of fairness, which is not formally defined in the constitutional norms, and the principles that serve the purpose of justice, which is protected by a single body of constitutional jurisdiction of Ukraine. It is also presumed that the principle of fairness plays an important role when there are gaps in the legislation; when judges need to apply not the analogy of law but the analogy of law. Fairness is also a moral category. Accordingly, the resolution of the dispute depends on the moral qualities of the judge, his legal culture and legal awareness, awareness of their responsibility to the parties. Conclusions are offered that the principles of justice are the basic preconditions, the intellectual and spiritual basis that serve to embody the idea of fairness. In turn, the principles are a tool to ensure it on the basis of their actual application and interaction. And in terms of the relationship of the idea of fairness with the principles of justice as a basic condition for the functioning of the Constitutional Court of Ukraine, it should be emphasized that although the Constitutional Court of Ukraine is not part of the judiciary, its procedural activities should be based on principles of justice should be implemented in close connection with the idea of fairness in order to implement it in public relations.