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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


1. Cappelletti M. & Vigoriti V. Fundamental Guarantees of the Litigants in Civil Procedure: Italy in Fundamental Guarantees of the Parties in Civil Litigation: Studies in National, International and Comparative Law 514 (M. Cappelletti & D. Tallon (eds.), New York: Oceana Publications, 1973).

2. Carr C.L. The Concept of Formal Justice, 39(3) Philosophical Studies 211 (1981).

3. Cavender G. Justice, Sanctioning and the Justice Model, 22(2) Criminology 203 (1984).

4. Emery Y. & Gennaro De Santis L. What Kind of Justice Today? Expectations of “Good Justice”, Convergences and Divergences Between Managerial and Judicial Actors and How They Fit Within Management-Oriented Values, 6(1) International Journal for Court Administration 63 (2014).

5. Gomien D. et al. Law and Practice of the European Convention on Human Rights and the European Social Charter (Strasbourg: Council of Europe Publishing, 1998).

6. Hund J. Formal Justice and Township Justice, 13(2) Philosophical Papers 50 (1984).

7. Jordan B. Justice, 5 Texas Journal of Women and the Law 175 (1996).

8. Maffettone S. Rawls: An Introduction (Cambridge: Polity Press, 2010).

9. Perlingeiro R. Contemporary Challenges in Latin American Administrative Justice, 3(2) BRICS Law Journal 21 (2016).

10. Pound R. Social Justice and Legal Justice, 75(20) Central Law Journal 455 (1912).

11. Sánchez R.J. The Administrative Justice in Spain: Current Situation and Challenges, 3(2) BRICS Law Journal 112 (2016).

12. Sullivan T.A. et al. The Persistence of Local Legal Culture: Twenty Years of Experience from the Federal Bankruptcy Courts, 17(3) Harvard Journal of Law & Public Policy 801 (1994).

13. Turner J.H. Herbert Spencer: A Renewed Appreciation (Beverly Hills, CA: Sage Publications, 1985).


For citations:

Pankova O., Migachev Yu. JUSTICE IN THE CONTEMPORARY WORLD. BRICS Law Journal. 2020;7(1):119-147.

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ISSN 2409-9058 (Print)
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