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Influence of legal principles on justice

Authors :
Eduard Eduardovich Artyukhov
Aleksey Anatolyevich Davydov
Aleksey Vladimirovich Minbaleev
Sergej Nikolaevich Shestov
Yury Alexandrovich Svirin
Source :
Cuestiones Políticas. 39:915-932
Publication Year :
2021
Publisher :
Universidad del Zulia, 2021.

Abstract

The objective of the article was to determine the essence and legal implementation in Russia of principles such as: independence of the judiciary, relative truth, contradictory nature, legal certainty of judicial acts and discretion. In the countries of the Roman-Germanic legal order, it is no coincidence that legal principles are of great scientific and applied importance. The presence of a certain system of procedural principles makes it possible to assess the existence of justice in the country, the stability of a judicial decision and the fairness of judicial acts. Thus, the principles of the law directly affect the level of legality in each state. Currently, some procedural principles give rise to a discussion in Russian doctrine about their essence and content. The topic is presented from the point of view of general scientific methods (systems analysis, structural and functional, historical), the method of theoretical analysis, specific scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The theoretical basis was cognitive theory. It is concluded that the principle of the independence of the judiciary is not fully operational in the Russian Federation.

Details

ISSN :
25423185 and 07981406
Volume :
39
Database :
OpenAIRE
Journal :
Cuestiones PolĂ­ticas
Accession number :
edsair.doi...........3b7a14d41209e942b14ebbb8d9c65167