The principle of justice in the construction of a special legal status (historical and theoretical aspect)

Abstract

The subject of the study is the principle of justice. The idea of justice is revealed in the context of the legal regulation of the rights and obligations of persons with special legal status. The essential aspects of the principle of equity at the individual and regulatory level are analyzed. It is noted that the principle of justice in relation to special legal status means the following: 1) any specific rights and obligations included in it must be established on certain grounds; 2) the content of these rights and obligations must correspond to the nature of these grounds. Thus, violations of justice in the construction of a special legal status can be of two kinds: either arbitrary (groundless) granting of rights or assignment of duties, or, if there are such grounds, excessive or insufficient nature of rights and duties. The research methodology includes the following approaches: comparative analysis, abstraction, deduction, induction, idealization, formalization, axiomatic and logical method. It seems important to distinguish between the aspects of justice: qualitative and quantitative. The qualitative characteristic of justice is to ensure that the grounds of a special legal status, on the one hand, and its content, on the other, are homogeneous in their value nature; for example, that an act of positive social significance (merit) generates a positive legal assessment expressed in the provision of additional benefits (encouragement), and vice versa. The quantitative measurement of justice assumes that the volume of social benefits or encumbrances inherent in a special legal status reflected, at least with some degree of accuracy, the similar significance of what served as the basis for this. From a practical point of view, the fairness of a special legal status can be revealed at two levels: individual (law enforcement) or normative (law-making).