Justice as a means of ensuring of the rule of law principle implementation

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2024-10-12
DOI
https://doi.org/10.24144/2788-6018.2024.05.12
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Justice as a means of ensuring of the rule of law principle implementation

Yevhen Zozulia
Analytical and Comparative Jurisprudence
European and International Law Studies
article

Justice as a means of ensuring of the rule of law principle implementation

Yevhen Zozulia
article en

Abstract

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.

Analytical and Comparative Jurisprudence(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
European and International Law Studies
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Justice as a means of ensuring of the rule of law principle implementation — Yevhen Zozulia · Analytical and Comparative Jurisprudence (2024) | TGRS Research Map | TGRS