THE CATEGORY OF JUSTICE AS AN IDEA AND PRINCIPLE OF CIVIL LAW

Abstract

The article examines the problem of distinguishing the categories "idea of law" and "principles of law", emphasizes the inadmissibility of characterizing the principles of civil law as corresponding ideas, draws attention to their relationship and correlation. It is especially emphasized that in the process of transformation of ideas of law into principles of law, their differentiation takes place. At the same time, for the understanding of the essence of law, the number of the allocated principles is not of fundamental importance. It becomes fundamentally important to identify and study the essential characteristics of the ideas of civil law, the patterns of their development, as a deep level of knowledge of law. The ideas of law in the philosophical and legal literature are considered as a combination of three components: justice, expediency and legal stability. Attention is drawn to the difference in the functional role of the principles and ideas of law. At the same time, it is especially emphasized that a principle is not an arbitrary concept of thinking, but a category that reflects the lawful relations of reality. Emphasizing the direct connection between justice and law, the types of existing normative models of justice are noted. The legal form is organically inherent in justice. Justice presupposes the legal equality of the subjects of law.