CONSTITUTIONAL CONCEPTUALISATION OF FORMAL AND REAL JUSTICE

Abstract

Purpose. To study formation processes of models of formal and real justice in constitutional-legal environment Methods. On the one hand, dialectic method allowed considering the principle of justice from a perspective of revealing its invariant essential basis and, on the other hand its substantial characteristics changing dynamically under the influence of various economic, social-cultural and historical factors. Results. Within the framework of a distributive model of justice the author analyzed the equality before law and court and necessity of a differentiated approach to legal regulation as the two basics for justice principle. Various differentiations of legal regulation from a perspective of formal equality are immanent to the legal environment and specified by the dynamics of its development. In this context constitutional principle of justice performs functions of a distributing tool which appear during differentiation of legal regulation of equality and inequality providing balance of a legal system. Contravention of that principle within the constitutional-legal context appears in the form of discrimination. When this happens discriminations can be expressed both in determination of unproven differences in legal regulation (excessive differentiation) and undifferentiated, equalitarian approach to the subjects in different situations. Scientific novelty. Scientific novelty involves investigation of the principle of justice as the most important constitutional principle, its correlation with the principle of equality identifying both coincidence of the content and quality specificity.