Vatamaniuk L. Institute of Justice in Ukraine: value dimension

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100215

Applicant for

Specialization

  • 081 - Право. Право

28-12-2021

Specialized Academic Board

ДФ 35.052.096

Lviv Polytechnic National University

Essay

The work is devoted to the problem of the value dimension of the institution of justice in Ukraine in the context of philosophical and legal discourse. The constructive complex character of the philosophical and legal nature of the institute of justice is proved, first, as a special value-normative phenomenon that combines the sphere of values (axiosphere) and the sphere of norms (normosphere); secondly, in the establishment of justice, equality and humanism within the law, ie included in the construction and development of the value structure of legal reality. The basic principles that provide the solution of the dissertation problems in organic combination are determined: the principle of objectivity, the principle of determinism, the principle of historicism, the principle of unity of historical and logical, the principle of sufficient grounds, the principle of complexity, the principle of system, the principle of integrity, the principle consistency, the principle of reflectivity, the principle of deideologization, the principle of connection of theory and practice. The philosophical and legal bases of the genesis of justice are studied, which indicate that it has the ability to change depending on the form of encroachment on its implementation, as well as how a living organism evolves through internal and external influence on it. This can be seen in the emergence of new forms of justice, the formation of new protective mechanisms in the system of its administration, the emergence of new procedures outside the institution of justice. It has been proven that transitional justice is designed to restore the dignity of victims, to gradually build mutual trust between antithetical communities and to promote the institutional transformations necessary to establish new relations among society. This is necessary to establish the rule of law in the context of renouncing practices that allow for full or partial impunity. Experience has shown that the effectiveness of the implementation of transitional justice mechanisms primarily depends on awareness of the use of cases of international practice, which reduces the likelihood of certain errors. Therefore, in order to form a reliable policy in a postconflict society, the public should be involved, as well as the victims themselves (victims) to develop common concepts and legislation.

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