Article 2115

Title of the article



Golovkin Roman Borisovich, Doctor of juridical sciences, professor, deputy head for research of Vladimir Law Institute of the Federal Service of Punishment Execution of Russia (67в Bolshaya Nizhegorodskaya street, Vladimir, Russia),

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Background. Questions on implementation of justice in our country are always relevant, especially in the age of incessant change, including the field of judicial enforcement. The quality of justice largely depends on the quality of life of the society in general and of individual citizens. The quality of justice consists of the quality of the whole system of phenomena contributing to and ensuring the process. Among the elements of the system an importance place is taken both by the quality of the conceptual-categorical apparatus and the quality of interaction between justice and the social regulation regulation in modern Russia. The objective is to establish the relationship of the concept “justice” with the system of social norms in the process of law enforcement.
Materials and methods. Realization of the research tasks was achieved on the ba-sis of the analysis of implementation of the sense of justice in the interpretive mea¬ning of the term “justice”, as well as the reflection of this term in the legislation. On the basis of the analysis the author synthesized a model of interaction between justice and the system of social regulation. The methodological base, in addition to the analysis and synthesis, included dialectical methods of comparative legal, logical and epistemological studies that compare the content and importance of different phenomena for efficient and high-quality justice.
Results. Nowadays in Russia the normative and doctrinal understanding of jus-tice is based on the fact that justice is one of the types of enforcement activities, which is reflected in implementation of laws and regulations. Hence, based on the systematic and technical legal method of interpretation of the term “justice”, one may obtain the literal scope of its interpretation: the court, the judge makes decisions based solely on the law. However, as outlined above, both in theory and in practice this is not always the case (evidenced by large mass of complaints against decisions of magistrate’s courts, and courts of first instance). In addition, it should be noted that the legal norms in the regulation of social relations sometimes “inferior” to other social regulators. This situation most often occurs through consolidation in the texts of normative legal acts of various kinds of references and links to other social (not legal) regulators of social relations.
Conclusions. This study allows to conclude that justice is a set of actions and de-cisions taken on behalf of the state and aimed at implementation of one of its func-tions. Secondly, justice is the activity of specially authorized state bodies and offi-cials and other persons who are endowed with appropriate powers. Thirdly, justice is a special kind of law enforcement, and all the traits of law enforcement are the signs of justice (Federal government activities for customization and personalization of legal orders, legal qualifications, publication of a law enforcement act, etc.). Fourthly, justice manages the most important social relations regulated by legal norms of many branches of law (constitutional, criminal, civil, arbitration, etc.) in the relevant proceedings. Fifthly, modern justice is executed not only through legal norms, but also on the basis of social regulations, associated with those norms.

Key words

justice, court, legal proceedings, ocial norm, system of social regulation.

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Дата обновления: 27.07.2015 09:20