К вопросу об определении понятий «неправосудное решение», «неправомерное решение» и «правосудие»

Nadezhda  Buyishkina; Galina Pypina

Authors

Nadezhda Buyishkina National Research Nizhny Novgorod State University named after N. I. Lobachevsky
Galina Pypina National Research Nizhny Novgorod State University named after N. I. Lobachevsky

Keywords:

Unlawful decision, justice, court, state power, judicial proceedings, reformation, judicial system, judicial authority, norms-definitions, trust in the judiciary, the authority of the court, national traditions.

Abstract

The paper presents the author’s periodization of the judicial system reforming in the Russian Federation, as well as other periodizations proposed by scholars. It is noted that the new vector of transformations in this area is due to the desire to unify judicial practice. At the same time, the problem of making unjust decisions and holding judges accountable in this regard remains relevant. From the authors’ point of view, in order to determine the unjust nature of a decision, it is necessary to develop an appropriate conceptual apparatus.

The authors examine various sources of law regulating criminal and criminal-procedural legal
relations and providing for liability for unlawful decisions of judges, analyze the law enforcement
practice of countries with Anglo-Saxon, Romano-Germanic, Muslim and Asian legal systems. The
definitions of the unjust nature of a judicial act in the domestic legal doctrine are also studied. Definitions of the concepts of «unjust decision» and «unlawful decision» are proposed, doctrinal and authors’ definitions of the term «justice» are given. In conclusion, the need for further careful study of this problem is emphasized.