The principle of legality and its manifestations in justice

Legitimacy is a position or mode of operation in which strict and strict compliance by all participants in legal relations with the requirements of laws is ensured. As a general rule of law, the principle of legality presupposes that:

- the law has supremacy in relation to other legal regulations;

- Legislative acts can be issued only by bodies that are endowed with special powers for this;

- in connection with the development of society, it is necessary to update the legislation;

- The law should, first of all, guarantee the human rights and citizens, which are formulated in national and international law;

- Continuous control over the execution of laws is necessary in order to prevent arbitrariness and lawlessness.

The main principles of legality are:

- Unity - uniform action and application of legislative acts throughout the country, and inadmissibility of adopting acts that differ in content from national ones;

- universality - distribution and compulsion of observance of laws by all without exception bodies, citizens and officials;

- the inadmissibility of opposing each other's principles of legality and expediency, when the adoption or non-acceptance of the law depends on its usefulness at a given particular moment in this particular legal case.

The principle of legality presupposes the need to protect the legal foundations, institutions and principles, which in itself is expedient, and therefore necessary. On the other hand, expediency as a factor initiating in most cases the adoption of laws can not and should not be opposed to legality. This means that if the law has ceased to correspond to the social parameters of society, this does not mean that it should not be executed. Thus, the application of the principle of expediency is possible only within the framework that determines the principle of legality.

In the legislation of the Russian Federation, the principle of legality in the civil process is not specified separately and is not singled out as an independent one. Nevertheless, its manifestation can be found in many legislative acts. "Strengthening the rule of law" is established as the task of civil proceedings, it also acts as a yardstick of validity for cassation inspections. In the event that the rule of law is absent, the court makes a decision based on the norms that govern the related relationship. In addition, the principle of legality is manifested in articles that stipulate the requirements for a court decision. It must also be taken into account that this principle is addressed not only to the court, but also to all other participants of civil legal relations.

The general provision - the principle of legality of justice implies that all institutions of justice are obliged to be guided only by law in their activities.

With regard to the use of law in relation to this principle, there are some features:

- justice in Russia is carried out exclusively on the basis of the Constitution of the country and its laws;

- when implementing it, rules should be considered on the specifics of the application of the law in time.

This principle requires that each court decision has a reliable reference to a specific rule of law, and that this decision is motivated, that is, taking into account all the circumstances of the offense and the characteristics of its participants.

This principle has universal properties, which are manifested in the fact that it has a wide and diverse content, which makes it possible to analyze, compare, formulate and determine certain aspects of other principles of justice.