IMPLEMENTATION OF THE PRINCIPLE OF SOCIAL JUSTICE IN THE COURT PROCEDURE

Abstract

The article examines the principle of social justice and the peculiarities of its implementation in the judicial process.
It is emphasized that the principle of social justice in the judicial process is crucial for maintaining public trust in the legal system and ensuring the impartial administration of justice.
The principle of social justice is the core of the system of principles of law, on the basis of which any cases are decided in court, both in the event of contradictions in the application of other principles of law, and in the event of conflicts or gaps in the application of legislation.
In order to implement the principle of social justice, the judicial proceedings must meet the following requirements: provide the right of access to the court; to guarantee proper judicial protection; provide the parties with equal procedural opportunities; to ensure the publicity of the judicial process; to guarantee consideration of the case by an independent and impartial court established on the basis of the law within a reasonable time; to provide the opportunity to provide evidence to substantiate one’s claims; guarantee the right to a reasoned court decision; ensure the right to execute a court decision.
Investigating the role of the court in the process of implementing the principle of social justice in the judicial process, attention is drawn to the opportunity provided to judges by the state, namely to judicial discretion. Applying a judicial review to a case, the judge makes a decision that he is convinced is fair and legal. In this sense, judicial discretion is an integral condition for the implementation of the principle of social justice when making a decision.
The positions of the Constitutional Court of Ukraine were analyzed and it was concluded that the court is the guarantor of the implementation of the principle of social justice. The principle of social justice is actively applied by the courts when deciding cases, ensuring everyone’s equality before the law and the court.
The principle of social justice plays a significant role in both law-making and law-enforcement activities, it is used as a standard for the administration of justice and a guarantee of protection of the rights and legitimate interests of individuals and legal entities.