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JUSTICE IN THE CONTEMPORARY WORLD

https://doi.org/10.21684/2412-2343-2020-7-1-119-147

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Abstract

The article reveals the essential characteristics of justice as a specific type of state activity and identifies the main signs of justice that distinguish it from other types of state activity as well as from other types of judicial activity. The article also analyzes the categories of “justice” and “judicial power” and defines the essence of judicial control in the context of its relationship with justice. As a result of the study, the authors come to the conclusion that the most important and promising approach is to consider justice to be one of the characteristics organically inherent in the judiciary or as a related phenomenon. In this sense, justice is defined as state activity within the framework of which the judicial power is exercised. The judiciary is, accordingly, the essential expression of the functional purpose and competent certainty of justice. Turning to the issue of the signs of justice, the authors touch upon the problem of its wide and narrow understanding arising in connection with the increasing role of mediation, conciliation and arbitration as alternative forms of resolving legal conflicts, as well as in connection with vesting certain state bodies with jurisdictional powers. They come to the conclusion that, unlike in a number of foreign countries, justice in Russia can be administered only by state courts. The study of the subject area of justice related to the situation of legal conflict is also of considerable interest. In this context, the analysis of the concept of “legal conflict” and the proposed differentiation of such conflicts into types with the subsequent study of each of them is quite justified. Having studied justice as acategory, which makes it possible to reveal the content and legal essence of this type of state activity, the authors define this concept in one universal definition.

About the Authors

O. Pankova
Kutafin Moscow State Law University (MSAL)
Russian Federation

Olga Pankova – Associate Professor, Administrative Law and Process Department

9 Sadovaya Kudrinskaya St., Moscow, 125993



Yu. Migachev
Kutafin Moscow State Law University (MSAL)
Russian Federation

Yuri Migachev – Professor, Administrative Law and Process Department

9 Sadovaya-Kudrinskaya St., Moscow, 125993



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For citation:


Pankova O., Migachev Yu. JUSTICE IN THE CONTEMPORARY WORLD. BRICS Law Journal. 2020;7(1):119-147. https://doi.org/10.21684/2412-2343-2020-7-1-119-147

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)