fair trial

In order to find law, its instrumental component, i. e., the rules of law, are not law by themselves (this position is advocated by foreign researchers). What determines law is its functional component, i.e., the procedure of application to different people and different situations. The doctrinal changes in approaches to understanding the essence of legal proceedings and their purpose, the transition to the principle of adversarial proceedings could not affect both the process of judicial cognition and its results.

In the article the understanding of justice. The complex philosophical and legal ideas and views on the category justice thinkers summarized in three stages: ancient philosophical and legal thought, representatives of the school of “natural law” and a modern understanding of justice. The attention that this is an essential category of rights.