ҐЕНЕЗА ФІЛОСОФСЬКО-ПРАВОВОГО ФЕНОМЕНА СПРАВЕДЛИВОСТІ СУДОВОГО РОЗГЛЯДУ В КОНСТИТУЦІЙНОМУ ПРАВІ

Abstract

The article examines the genesis of scientific and legal views of domestic and foreign scientists and practitioners on the definition of the philosophical and legal phenomenon of judicial justice in constitutional law. It is noted that, investigating the genesis of the philosophical and legal phenomenon of justice in constitutional law, the ratio of justice and Law, great thinkers of the past justified the conclusions that the categories of law and Justice have much in common in origin, essence, functions and semantic expression, at the same time, it would be wrong to identify these concepts, since legal norms are not always fair, and justice

is not limited to the legal sphere. It is proved that justice largely remains a phenomenon of morality, a social and ethical criterion of law.
It is argued that in the understanding of most philosophers and lawyers, justice means, first of all, equality and equivalence. These concepts are specified in a number of rules established by law, including those regulating the conduct of legal proceedings. Such rules include, in particular, the rules on an independent and impartial court, on the equal right to appeal to the court, on the obligation of a party to prove the circumstances to which it refers. It is determined that in modern constitutional law, scientists proceed from the fact that despite the inequality of abilities and capabilities of people, they should have equal rights, and justice lies in how effectively the balance of these rights is maintained at the legislative level. It is proved that the Constitution of Ukraine guarantees everyone equal rights to judicial protection in the framework of constitutional, civil, economic, administrative and criminal proceedings of Ukraine. The rules providing for the resolution of disputes, in particular on the restoration of a violated right, cannot contradict the principle of equality of all before the law and the court and therefore restrict the right to judicial protection. However, justice lies not only in equality, but also in appropriate situations and in correct, progressive inequality. It is proved that the content of the constitutional and legal concept of justice is due to the simultaneous existence of universal values and value systems within society. The study of justice as an ethical and legal phenomenon can reveal the general and unchangeable in people’s views, eliminate subjective,
temporary and random interpretations, and give this idea great theoretical and practical significance.