Արդարադատության դոկտրինալ և օրենսդրական հիմքերի պատմական զարգացման հիմնական ուղենիշները / Basic Stages of Historical Development of Doctrinal and Legislative Bases of Justice

The idea of justice, as a demand for a fair and correct settlement of disputes by competent authorities within the framework of established procedures, arose in ancient times. Its sources can be found in “Rigveda”, sacred texts of Indian peoples, “Avesta”, in the book of prophecies and sermons of old Iranian prophet Zoroaster, in the Bible, the Quran and other sacred writings. Justice... What is the base of this word? What ideas did people put on the foundation on which this legal institution was built? How did the ideas of justice and law unite in this term and lay the foundation for the emergence of judiciary, which today is bulwark of any legal democratic state. Analyzing the legal literature, it could be mentioned that issues regarding the statehood, law and justice concerned Aristotle, G.V.F. Hegel, H. Grotius, E. Kant, Plato, M. Cicero, Montesquieu and other famous thinkers. Later, their ideas were reflected in the works of our modern S. Alexeyev, D. Ikonnikova, D. Kerimov, A. Levchenkov, V. Nersesyants, A. Sachkov, V. Smorodinsk, V. Sokhantseva and other authors. However, the nature of justice is dynamic, justice is constantly developing under the influence of the transformation processes taking place in society and the state. As justice is really one of the main, important directions typical of state activity, then numerous researchers in the field of state and theory of law and history, answering the first question, usually agreed that justice is equal to both the state and the law. This theoretical conclusion is based on the following grounds; • First, justice is fundamentally impossible without the existence of a certain legal basis, because its existence motivates the parties to seek protection in the state, including in the court, in case of violation of any specific subjective right. Indeed, if there is no law, neither the court is required, and if there is no court, then the normal operation of the law is also violated. In this case, the court gives life to the law and stands for “living right”. • Second, the assumption that the court is considered the equal and adjacent to the law and the state, has been thoroughly confirmed by the historical monuments that have reached us. According to which, any legal system is impossible without a court, an institution of justice, which is envisaged for restoration of violated right and social justice.