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Polyfunctionality of Justice: Reality or Legal Reality Interpretation?
Author(s) -
Петр Серков,
Pyetr Syerkov
Publication year - 2016
Publication title -
žurnal rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2500-4298
pISSN - 1605-6590
DOI - 10.12737/22735
Subject(s) - economic justice , element (criminal law) , law , judicial activism , interpretation (philosophy) , relation (database) , political science , function (biology) , judicial review , law and economics , sociology , computer science , database , evolutionary biology , biology , programming language
In the article contains the analysis of such fundamental concepts as the judicial system and legal proceedings, which are the elements of justice as a whole. The article consists of three parts, which are containing the deductive analysis of the institutional structure of justice. In the first part of present article the interaction of the institutions of the judicial system and legal proceedings, the dynamics of institutional and functional changes, as well as evaluation of these changes were disclosed. Further the author examines every aspect of justice. Thus, in the second part of the paper the judiciary, as constitutional guarantees of fair justice, were studied. Also the judicial system and its components were analyzed by the author. The third part of the article focuses on the second element of justice — judicial proceedings. In this part of the work the author discloses the two components of judicial proceedings: judicial proceedings as a consequence of the conflict and judicial proceedings as a material expression of fairness in a particular conflict. The author defines the definition of the term "judicial proceedings" and provides its analysis from the different points of view, reveals the essence of the judicial proceedings. Also the fundamental functions and principles of justice were presented and examined in present article. In this part the author addresses the question of the relationship of the specialization of courts with the function of justice and of the relation of judicial proceedings and justice.

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