The concept and subject of constitutional justice: a theoretical and legal analysis

Abstract

The article is devoted to the study of the concept and subject of constitutional justice as a separate type of legal activity. The author justifies the need to unify approaches to understanding the concept of "justice" and to distinguish its types in accordance with the objective criterion of the implementation of the law enforcement function of the state, that is, by the nature of offenses and legal liability for them. The purpose of the study is the scientific and theoretical substantiation of the essence of constitutional justice as a separate type of justice within the framework of a single system of public legal protection and the clarification of its subject. As a result of the analysis, it is proven that constitutional justice has its own regulatory basis, subjects of implementation and a special subject. It is proposed to consider it as an independent type of justice along with criminal, administrative, civil and disciplinary. The article presents the author's definition of constitutional justice as a special type of justice, which involves the implementation by subjects authorized by the constitution and/or law on the basis of the principle of legality of legal activity aimed at identifying and eliminating violations in regulatory legal acts by establishing the compliance of these acts with the Basic Law of the state. It is determined that this type of justice is associated with violations in legislative activity, and its purpose is to protect constitutional provisions from their violation. The main functions of this type of justice are revealed. It is established that its subject is: protection from violation by the legislator of the norms of the constitution that regulate legal relations in the legislative process, control over amendments to the constitution itself and establishment of the compliance of the state's legislative acts with its basic law; resolution of constitutional conflicts between the branches of state power, as well as interpretation of the basic law and protection of the rights and freedoms of individuals and legal entities by considering constitutional complaints.

The conclusion is made about the need for further development of the theoretical basis for improving regulatory regulation and implementing constitutional justice in practice.