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Title

Realization of the constitutional principle of humanism by the judiciary of the Russian Federation

Autors

anapplicant  of  the  Chair of the Constitutional Law and Municipal Law of Chelyabinsk State University. Bld. 129, Brat'ev Kashirinyh Str., Chelyabinsk, 454000. E-mail: ugp@csu.ru

Section

Konstitution state and society

Issue

6/2012

Page

27-34

index UDC

+ 34.03

index LBC

Х71(2)

+Х072

+ Х400.2(2)

Abstract

The article deals with different aspects of the application of the constitutional principle of humanism by the judiciary of the Russian Federation. It also analyses the correlation of the stated principle in criminal and constitutional law of the Russian Federation, its power when defining the limits of judicial discretion, peculiarities of the principle of humanism realization in legal relations, connected with the necessity of legal liability differentiation. The author researches the application of the principle of humanism when implementing the function of actual assessment of law liable to apply by the court. On the basis of legal positions analysis of the Constitutional Court of the Russian Federation, having the importance for a lawmaker as an orientation, the conclusion on axiological constituent of the principle of humanism is made. The special attention is attracted to the necessity of legal mechanism working out to ensure timely reaction of a lawmaker to decisions of the Constitutional Court of the Russian Federation.

Keywords

the judiciary, discretion, individualization of the legal liability, interpretation, principle of humanism.

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