Цивільна юстиція в системі видів юстиції: теоретико-правове осмислення

English

Civil justice in the system of justice types: A theoretical and legal conceptualization

Abstract. Introduction. This article analyzes civil justice as a distinct type of justice, defining its subject, functions, and place within the broader system of justice. Despite the fundamental importance of justice within the state's legal system, legal doctrine lacks a clear definition of "justice" and "type of justice," as well as unified criteria for differentiating between various forms of justice. Purpose. This article aims to provide a comprehensive theoretical and legal conceptualization of civil justice. This includes clarifying its content, outlining its core functions, defining its scope, and establishing its position in interaction with other types of justice and the phenomenon of quasi-justice. This is crucial for systematizing the conceptual framework and enhancing the effectiveness of law enforcement. Materials and Methods. The study is grounded in the dialectical method of comprehending legal phenomena. General scientific methods, such as analysis and synthesis, were employed to break down complex concepts into their constituent parts and then integrate them to form a holistic understanding of civil justice. The logical-semantic method was used to refine terminology and categories, while the systemic method was applied to view civil justice as an integral element of the broader justice and legal systems. The comparative legal method was utilized to analyze both domestic and international approaches to the understanding of civil justice and civil liability. Results. The article substantiates that civil justice is an integral component of the state's legal system. It is established that its classification is based on a subject-matter criterion – the nature of civil offenses and corresponding legal liability. An author's definition of civil justice is proposed as a legal activity performed by legally authorized subjects, aimed at resolving private law conflicts through the official recognition, protection, and restoration of violated rights of subjects in civil legal relations. The key functions of civil justice are identified, including its protective, restorative, regulatory, conciliatory, and controlling roles. Its subject area is delineated, encompassing the establishment of legal facts, the consideration of civil, family, labor, and other private law disputes, the protection of violated rights, and the enforcement of court decisions. The study concludes that alternative dispute resolution methods, which do not involve public authorities, should appropriately be considered as quasi-justice. The close interconnection of civil justice with administrative, commercial, and criminal justice is highlighted. Perspectives. Further research should focus on refining the conceptual and categorical apparatus of civil justice. This includes deepening the theoretical understanding of the concepts of "civil justice" and "civil liability" within domestic doctrine, taking into account international experience. A comparative legal analysis of how civil justice operates in other legal systems, an examination of the legal status of its implementing subjects, and further investigation into its interrelationship with other types of justice remain relevant areas for future study.

Keywords: justice; civil justice; types of justice; civil liability; functions of civil justice; quasi-justice