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JUSTICE AND HUMANISM AS THE BASIC VALUES OF THE CRIMINAL LEGAL PROCEEDINGS AND THEIR CONTRADICTION TO EACH OTHER
Abstract
The aim of the research undertaken by author is to define the essence of two axiological values – justice and humanism – in the criminal proceedings from the point of view of their genesis, context, influence on historical types of criminal procedure system and adoption in the international law standards on human rights and in the modern criminal procedure law. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original understanding of justice and humanism as axiological values which are able to form the concrete type of criminal procedure system aimed on struggling against criminality or on protecting the human rights. It's affirmed that justice is the most complicated category for criminal procedural activity from the point of view of its quantitative characteristics, instead of qualitative. It also has a huge historical genesis, which came through the social interaction with humanism to the occurrence of the moral conflict between these two values in criminal legal proceedings while correlating private and public interests. So the problem of searching the balance between them was confirmed. Nevertheless, this axiological conflict can be permitted only through procedures of direct will expression of citizens. So the results of the research make a new basis for the further criminal justice studies and can be used in correcting the ways of the contemporary legal reforms in the post-socialistic East European countries.
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