principles are considered relatively stable and sustainable rule of law, which have the following characteristics:
- established dominance over other rules regulating social relations;
- objective and subjective nature;
- systemic nature;
- a reflection of historical determination of all the rights of the country at this time.
principles of justice differ from other regulatory principles essential feature, the main of which are as follows:
- possession of objective-subjective characteristics, which is the following.Objective evidence of the level of development of the state, which is reached at a given time, and provides the opportunity to reflect the subjectivity of specific legal provisions, acts of the principles of justice individually.
- possession of a common character, because they regulate only the most important areas of functioning law enforcement agencies and provide meaningful reference for the creation of other legal norms.
- principles of justice have generality and universality, that is compulsory for all citizens and officials of the state.
If found between the law of contradiction, the norms of law, which are the principles of a fair interpretation of the legal conflicts exist in the form of legal ideas.And in the event of legal gaps, allowed the interpretation of principles, in which case they appear as democratic principles of justice.
dominant position in the principles of the right ensured by the fact that legislators are obliged to be guided by them when creating new laws, and the courts - in judicial decisions.This is achieved by the fact that the guidelines have statutory status, that is documented and fixed by law.Their compilation attached to the principles of a systemic nature, that is a functioning, in which the action of one principle must be objectively and entails actions of others.This interdependence is happening in their violation.The system gives the character of the principle of sustainability and stability.
To more closely examine in detail the principles of justice, the classification of which will be given below, it should be noted that, due to their complexity and interconnectedness, it is carried out for several reasons.
By securing the source, the principles reflected in international law, the Constitution of the State and special acts regulating the judicial system and legal proceedings.
In content they are classified into those that characterize the judiciary itself, reflect the status of the judiciary and those that determine the legal status of a person.
principles of justice intended classified sudoustroystvennye and sudoproizvodstvennye, and most important - in the major and minor.
principle of legality requires that the contradiction between legal acts should be resolved strictly in accordance with established rules, and that such cases as little as possible, shall ensure that the laws - certainty, clarity and unambiguous.In addition, this principle provides for the direct effect of the constitutional norms.
principle of independence of judges reflects their independent position in relation to public authorities.Nobody has the right to influence the decision of the judges, who are subject only to the law.The principles of justice provide a clear procedure for ensuring the independence of judges.
presumption of innocence as a principle, is that anyone, until he was found guilty is innocent.
Thus, these principles define the major directions of lawmaking and legal proceedings in the State, that their level of civilization of the whole society.
