Zеlenskiy S.N. Philosophical and Legal Justification of Criminal Justice
DOI: https://doi.org/10.15688/jvolsu5.2016.3.27
Sergey Nikolaevich Zеlenskiy
Candidate of Juridical Sciences, Associate Professor, Department of Jurisprudence,
Kirovograd State Pedagogical University named after V. Vinnichenko
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Shevchenko St., 1, 25006 Kirovograd, Ukraine
Abstract. The article is devoted to the study of fairness in criminal justice. The need for such a philosophical and legal basis of the actions of one of the fundamental principles of the criminal process due to changes in the life of the state. The transition of Ukraine to the information society is associated with the decline of humanistic ideas, beliefs in society and law. Skepticism and possible achievement of justice in criminal proceedings are observed.
The epistemological nature of the criminal procedural law allows to apply the philosophical category of truth and justice to the study of criminal law phenomena. The truth in the criminal process is achieved by proving the method of cognition of the phenomena of the world. Justice today shows its remarkable properties in promoting human rights, establishing equal and impartial treatment of people. Equality before the law and the courts in the criminal justice system when there is credible evidence, is obtained in the manner prescribed by law, promotes the fair and lawful resolution of the criminal case on the merits.
Justice contributes to the establishment of subordination between people, supports a balance in society. In criminal justice is the preservation of legal values and at the same time defining element, dominant in the conflict of these values. The judicial power is the guarantor of the rights and legitimate interests of man. The basic idea of fairness in criminal justice is applied to legal assessment of human behavior and critical evaluation of rules that underpin this assessment.
Key words: justice, principle, courts of justice, criminal proceedings, truth, knowledge, law.
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