The principles under consideration are relatively stable and stable rules of law that have the following characteristics:
- established dominance over other norms of regulation of public relations;
- objective-subjective nature;
- systemic nature;
- a reflection of the historical conditionality of all the rights of a given country at a given time.
The principles of justice differ from other principles of regulation by significant distinctive features, the main of which are the following:
- possession of objective-subjective characteristics, which consists in the following. Objectivity testifies to the level of development of the state that has been achieved at a given time, and subjectivity provides for the possibility of reflecting specific legal norms, acts, principles in individual legal consciousness.
- possession of a general character, because they regulate only the most important areas of the functioning of law enforcement bodies and serve as a meaningful initial basis for the creation of other legal norms.
- The principles of justice have universality and universality, that is, are binding on all citizens and government officials.
If there are contradictions between the rules of law, then the rules of law are applied, which are the principles of a fair interpretation of legal conflicts and exist in the form of legal ideas. And in the case of legal gaps, the interpretation of the principles is allowed, in which case they appear as democratic principles of justice.
The dominant position in the law of principles is ensured by the fact that lawmakers are obliged to be guided by them when creating new laws, and courts - when making court decisions. This is achieved by the fact that the principles have a normative status, that is, they are formalized and fixed by law. Their generalization gives the principles a systemic character, that is, such functioning in which the action of one principle is necessary and objectively entails the action of another. Such interdependence occurs when they are violated. The systematic nature gives the principles stability and stability.
In order to examine in more detail the principles of justice, the classification of which will be given below, it should be noted that in view of their complexity and interconnectedness, it is carried out on several grounds.
According to the source of consolidation, the principles that are reflected in international law, the Constitution of the state and in special acts regulating the judicial system and legal proceedings are distinguished.
According to their content, they are classified into those that characterize the judiciary itself, reflect the status of the judiciary and those that determine the legal status of a person.
The principles of justice, by designation, are classified into judicial and judicial proceedings, and by importance - into primary and secondary.
The principle of legality stipulates that contradictions between legal acts must be resolved in accordance with strictly established rules, and that such cases be as few as possible, an appropriate quality of laws must be ensured - certainty, clarity and unambiguity. In addition, this principle provides for the direct operation of constitutional norms.
The principle of independence of judges reflects their independent position with respect to public authorities. No one has the right to influence the decision of judges who are subordinate only to the law. The principles of justice provide for a clear procedure for ensuring the independence of judges.
The presumption of innocence, as a principle, is that any person, until he is convicted by the court, is innocent.
Thus, these principles determine the most important areas of law-making and legal proceedings in the state, their compliance with the level of civilizational development of the whole society.