THE PRINCIPLE OF JUSTICE IN THE CRIMINAL EXECUTIVE LAW OF UKRAINE

Abstract

The principle of justice is one of the key principles of criminal executive law in the system. Justice belongs to the group of so-called common law principles, where it takes the leading place. This principle is a reflection of the natural-legal concept of the formation and existence of law in society and the state. This principle is, in fact, the inner, subjective attitude of man to the realities around him, to his status in society, as well as the attitude of the state in the face of the relevant authorities to this status. This aspect is of key importance for legal relations in the field of criminal executive law, where the actual realization of human rights and personal freedom is decided. This additionally confirms the natural origin of the principle of justice. Till today there is no single, balanced, dominant paradigm among scholars regarding the perception and content of justice. Such diversification in theoretical approaches to the definition of justice as a legal basis is characteristic of the field of criminal executive law.This principle is also reflected in the content of legal norms and court decisions. Given this, there is a view among scholars to give this principle a purely positivist meaning, and the content of justice is tied to the legal construction of regulations. This aspect of modern legal realities only further emphasizes the importance of the principle of justice for the entire legal system of the state, but it can not in any way change the natural-legal, semantic content of justice. A separate important aspect of the existence of the principle of justice in modern criminal-executive realities is the criterion of equality. This element is portrayed by some scholars as an integral attribute of the principle of justice. However, as practical realities show, equality as an element of the principle of justice is often a declarative and conditional component. This is a logical factor, because individualization as a condition for the personification of a particular individual within the criminal-executive relations accordingly dominates within the criminal-executive relations over equality. This fact is quite logical, given the specifics of the criminal-executive sphere.