Legality - this is a provision or mode of activity in which strict and strict observance by all participants of legal relations of the requirements of laws is ensured. As a general provision of law, the principle of legality suggests that:
- the law has supremacy over other legal requirements;
- legislative acts may 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 and civil rights that are formulated in national and international law;
- constant monitoring of the implementation of laws is necessary in order to prevent arbitrariness and lawlessness.
The basic principles of legality are:
- unity - the uniform action and application of legislative acts throughout the country, and the inadmissibility of the adoption of acts that differ in content from national ones;
- universality - the dissemination and mandatory observance of laws by all, without exception, bodies, citizens and officials;
- the inadmissibility of opposing each other the principles of legality and expediency, when the adoption or non-adoption of a law depends on its usefulness at a given moment in this particular legal case.
The principle of legality implies the need to protect the legal foundations, institutions and principles, which in itself is appropriate, and therefore necessary. On the other hand, expediency as a factor initiating the adoption of laws in most cases cannot and should not be opposed to legality. This means that if the law has ceased to comply with the social parameters of society, this does not mean that it should not be followed. 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 civil proceedings is not specified separately and is not singled out as an independent one. However, 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 measure of validity for cassation checks. In the event that there is no rule of law, the court decides on the basis of the rules that govern related relations. In addition, the principle of legality is manifested in articles that stipulate requirements for a court decision. It should also be borne in mind that this principle is addressed not only to the court, but also to all other participants in civil relations.
General provision - the principle of the legality of justice assumes that all institutions of justice are obliged to be guided only by law in their activities.
As for 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;
- in its implementation should be considered the rules on the features 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.
The principle under consideration 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 define some aspects of other principles of justice.