Journal article Open Access

The Concept of Justice and Peculiarities of its Exercise in Ukraine

Inna A. Kravchenko Olga E. Kolodochka

The article describes the general approaches to understanding the category of justice, defines the main international legal acts defining the standards of justice. It has been determined that justice is the law-enforcement activity of the court for reviewing and resolving civil, economic, criminal and administrative cases in the procedure provided for by law, the purpose of which is to achieve justice, resolve the conflict, protect the rights and freedoms of individuals, legal entities, the state, as well as, law enforcement agencies that facilitate the implementation of justice by the court and ensure the implementation of its decisions, namely: the bodies of inquiry, pre-trial investigation, prosecutors and bodies responsible for enforcement of judgments, and penalties imposed.

It is noted that the requirement of justice, which is enshrined in all international documents related to the standards of the administration of justice, extends beyond the court to the organs of pre-trial investigation, the prosecutor's office, and the advocate during the conduct of such procedural actions, such as detection, investigation, prosecution of crimes and legal proceedings.

 It is noted that the general understanding of the notion of justice was found in a separate definition in criminal proceedings.

It has been determined that there are contradictions regarding the jurisdiction of the International Criminal Court. After all, Ukraine de facto became an "associate member" of the Rome Statute, since it provided the ISS with jurisdiction over the most serious crimes committed against international law but did not acquire any formal status before the Court.

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