Definition of the Main Concepts in the Field of Justice

This article presents the number of main concepts in the field of justice. Nowadays there is no unique definition of such concepts as «justice», «judicial procedure», «judiciary», «judicial power», «judicial system», «judicial organization», «court system», «judiciary», «judicial law» neither in legislation, nor in any scientific researches. The article defines each of these concepts, offers individual approach to determine correlation between each other, points out their common and distinct features. It was established that different approaches to the interpretation of main terms in the field of justice led to their unequal understanding, identification, new terms introduction without revealing their sense, that finally makes negative influence on their interpretation and application. It was found that different approaches to identification of many terms are typical for national legislation and scientific researches. Having examined numerous terms in the field of justice, the attempt to define and separate these concepts were made, legal conflicts and terminological confusions were pointed out. There proved to be the necessity to provide the clear differentiation of the main concepts in the field of justice to avoid any further misunderstandings and legal conflicts. Based on different approaches examined, it is considered that judicial power is one of the branches of government power and its obligation is to administer the law. Thus, justice is considered to be the main task of the institutions of judicial power, that have to prove the truth in a case, take sound judgments, resolve argues fairly, protect rights, freedoms and legitimate interests of a person. Justice is administered by its procedural form called judicial procedure. Judicial procedures are applied by courts considering criminal, civil, administrative and economic cases. Justice is exercised only by courts, which form a judiciary together. Otherwise, the judicial system is defined as the interaction of its main subjects (courts) administrating justice. Judicial organization is the organizational structure of the entire system of domestic courts. It is more reasonable to use the term «judicial law» to indicate the entire set of legal rules governing the judicial system and different forms of judicial procedures. Offered in the article approach to define main concepts in the field of justice cannot remain the «ultimate truth» and it does not purport to be a complete and full definition of main signs and elements of the defined concepts. It reflects the author’s understanding of these concepts, their difference and correlation between each other. Nevertheless, the examined concepts require further researches and unification of main terms in the field of justice in national legislation and scientific researches.