ON THE ISSUE OF THE LEGAL STRUCTURE OF THE PRINCIPLE AND VALUE OF JUSTICE IN THE RATIONING MECHANISM
Authors:
Type:
Article
Pages:
from 19
to 24
Status:
Published
Received:
15.11.2023
Accepted:
20.11.2023
Published:
29.11.2023
Subject area:
VAC 5.1.1 Теоретико-исторические правовые науки
UDK 340.13 Позитивное право. Источники позитивного права. Правовая норма. Право, закрепленное законодательно, например, законом. Jus scriptum (письменное право). Действие правовой нормы. Правила ее применения.
UDK 340.13 Позитивное право. Источники позитивного права. Правовая норма. Право, закрепленное законодательно, например, законом. Jus scriptum (письменное право). Действие правовой нормы. Правила ее применения.
Language:
Russian
Keywords:
the principle of justice, legal value, moral category, the mechanism of operation of law, rationing mechanism
Abstract (English):
The article examines legal justice, which is based on a similar category – a moral phenomenon. The importance of the study is due to the fact that in legislation one can find norms that not only contribute to its achievement, but also create conditions for its antipode, which subsequently affects the assessment of legislative and law enforcement acts, fair or unfair. The author comes to the conclusion that the principle of justice has different manifestations and expressions in branches of legislation in which retributive, distributive and equalizing justice can be established, which must be taken into account in the rationing mechanism. Following the principle under consideration will certainly increase the quality of adopted regulations, reduce tension in society, and contribute to the effectiveness of the mechanism of law as a whole and its structural elements.
The article examines legal justice, which is based on a similar category – a moral phenomenon. The importance of the study is due to the fact that in legislation one can find norms that not only contribute to its achievement, but also create conditions for its antipode, which subsequently affects the assessment of legislative and law enforcement acts, fair or unfair. The author comes to the conclusion that the principle of justice has different manifestations and expressions in branches of legislation in which retributive, distributive and equalizing justice can be established, which must be taken into account in the rationing mechanism. Following the principle under consideration will certainly increase the quality of adopted regulations, reduce tension in society, and contribute to the effectiveness of the mechanism of law as a whole and its structural elements.
Keywords:
the principle of justice, legal value, moral category, the mechanism of operation of law, rationing mechanism
the principle of justice, legal value, moral category, the mechanism of operation of law, rationing mechanism
1. Chechelnitsky I. V. Justice and lawmaking: monograph. M.: Prospekt, 2021. 176 p. (In Russ.)
2. Martyshin O. V. The problem of values in the theory of state and law // State and law. 2004. No. 10. P. 5-14. (In Russ.)
