The concept and content of the constitutional principle of justice
The purpose of the article is to study the concept and content of the constitutional principle of justice, its impact on constitutional relations, identifying problems that arose during the implementation of this principle during quarantine restrictions due to the pandemic of COVID-19. This goal...
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| Format: | Article |
| Language: | English |
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State University “Uzhhorod National University”
2021-11-01
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| Series: | Конституційно-правові академічні студії |
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| Online Access: | http://journal-kpas.uzhnu.edu.ua/article/view/241914 |
| _version_ | 1817999939166273536 |
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| author | Nataliya Shelever |
| author_facet | Nataliya Shelever |
| author_sort | Nataliya Shelever |
| collection | DOAJ |
| description |
The purpose of the article is to study the concept and content of the constitutional principle of justice, its impact on constitutional relations, identifying problems that arose during the implementation of this principle during quarantine restrictions due to the pandemic of COVID-19.
This goal was achieved through the use of such methods as analysis of comparative law and formal law method.
The study found that the principle of justice, although not enshrined in the Basic Law of Ukraine, but it goes through the Constitution of Ukraine and procedural codes. The problematic issue is that there is no legislative definition of «justice». The practice of the Constitutional Court of Ukraine on the application of the principle of justice in its decisions is analyzed. It is substantiated that justice is a concept much broader than law and is a criterion for the legitimation of state power.
The problems of realization of the constitutional principle of justice are investigated. It was found that the principles of law, which are enshrined in the Constitution of Ukraine and current legislation of Ukraine, are not properly implemented in our country. The reason for this is the mentality of Ukrainians, which is characterized by low legal and political culture, violation of the law, distrust to the authorities, devaluation of moral and spiritual values. On the part of officials, it is a misuse of office positions.
It is justified that justice requires equal application of the law for all. However, everyone has his/her own understanding and vision of justice. This led to problems during the coronavirus pandemic. Violations such as the violation of the constitutional right to education have been identified, namely distance learning leads to a violation of the principles of justice and equality. Restrictions on small and medium-sized businesses during the COVID-19 pandemic discriminated against entrepreneurs compared to large businesses.
As a result of the study, it was concluded that justice is a legal value and a fundamental principle of law, which permeates both the Constitution of Ukraine and current legislation. The realization of justice can be done only by observing the law. In Ukraine, it is quite difficult to implement this principle, because the laws are often unfair. During the quarantine restrictions, violations of constitutional human rights were revealed. Overcoming corruption and raising the legal culture and legal awareness of Ukrainians should be a necessary step for the effective implementation of the principle of justice.
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| first_indexed | 2024-04-14T03:15:56Z |
| format | Article |
| id | doaj.art-5e2b2502446c4474b71979838072e06c |
| institution | Directory Open Access Journal |
| issn | 2663-5399 2663-5402 |
| language | English |
| last_indexed | 2024-04-14T03:15:56Z |
| publishDate | 2021-11-01 |
| publisher | State University “Uzhhorod National University” |
| record_format | Article |
| series | Конституційно-правові академічні студії |
| spelling | doaj.art-5e2b2502446c4474b71979838072e06c2022-12-22T02:15:29ZengState University “Uzhhorod National University”Конституційно-правові академічні студії2663-53992663-54022021-11-01110.24144/2663-5399.2021.1.07The concept and content of the constitutional principle of justiceNataliya Shelever0Associate Professor of the Department of Administrative, Financial and Informative Law, Uzhgorod National University PhD in Law, Associate Professor The purpose of the article is to study the concept and content of the constitutional principle of justice, its impact on constitutional relations, identifying problems that arose during the implementation of this principle during quarantine restrictions due to the pandemic of COVID-19. This goal was achieved through the use of such methods as analysis of comparative law and formal law method. The study found that the principle of justice, although not enshrined in the Basic Law of Ukraine, but it goes through the Constitution of Ukraine and procedural codes. The problematic issue is that there is no legislative definition of «justice». The practice of the Constitutional Court of Ukraine on the application of the principle of justice in its decisions is analyzed. It is substantiated that justice is a concept much broader than law and is a criterion for the legitimation of state power. The problems of realization of the constitutional principle of justice are investigated. It was found that the principles of law, which are enshrined in the Constitution of Ukraine and current legislation of Ukraine, are not properly implemented in our country. The reason for this is the mentality of Ukrainians, which is characterized by low legal and political culture, violation of the law, distrust to the authorities, devaluation of moral and spiritual values. On the part of officials, it is a misuse of office positions. It is justified that justice requires equal application of the law for all. However, everyone has his/her own understanding and vision of justice. This led to problems during the coronavirus pandemic. Violations such as the violation of the constitutional right to education have been identified, namely distance learning leads to a violation of the principles of justice and equality. Restrictions on small and medium-sized businesses during the COVID-19 pandemic discriminated against entrepreneurs compared to large businesses. As a result of the study, it was concluded that justice is a legal value and a fundamental principle of law, which permeates both the Constitution of Ukraine and current legislation. The realization of justice can be done only by observing the law. In Ukraine, it is quite difficult to implement this principle, because the laws are often unfair. During the quarantine restrictions, violations of constitutional human rights were revealed. Overcoming corruption and raising the legal culture and legal awareness of Ukrainians should be a necessary step for the effective implementation of the principle of justice. http://journal-kpas.uzhnu.edu.ua/article/view/241914justicethe Constitutional Court of Ukrainelawprinciple of lawConstitution of Ukraine |
| spellingShingle | Nataliya Shelever The concept and content of the constitutional principle of justice Конституційно-правові академічні студії justice the Constitutional Court of Ukraine law principle of law Constitution of Ukraine |
| title | The concept and content of the constitutional principle of justice |
| title_full | The concept and content of the constitutional principle of justice |
| title_fullStr | The concept and content of the constitutional principle of justice |
| title_full_unstemmed | The concept and content of the constitutional principle of justice |
| title_short | The concept and content of the constitutional principle of justice |
| title_sort | concept and content of the constitutional principle of justice |
| topic | justice the Constitutional Court of Ukraine law principle of law Constitution of Ukraine |
| url | http://journal-kpas.uzhnu.edu.ua/article/view/241914 |
| work_keys_str_mv | AT nataliyashelever theconceptandcontentoftheconstitutionalprincipleofjustice AT nataliyashelever conceptandcontentoftheconstitutionalprincipleofjustice |