Тhe principle of justice and legality in civil proceedings: interrelationships and contradictions
DOI:
https://doi.org/10.31489/2025l4/161-168Keywords:
justice, legality, civil procedure, rights of the parties, procedural law, judicial practice, doctrine, effective justice, humane principles, harmonization, international standards, protection of human rightsAbstract
This study examines the complex and multifaceted relationship between the concepts of the principles of jus
tice and legality in the framework of civil procedure. Justice, as an ideal designed to ensure a balance of in
terests of the parties and the protection of their rights, often comes into conflict with the formal requirements
of legislation, which may give rise to norms that do not always take into account the individual circumstances
of the case. The analysis focuses on how the guarantees of legality provided for by procedural law can both
facilitate and hinder the achievement of fair solutions. Additionally, it examines how judicial practice and the
doctrine of modern civil procedure interpret and implement these fundamental ideas, emphasizing the need
for synergy between justice and legality to ensure effective and humane justice. Possible ways of harmoniz
ing these two concepts are explored, which is important for the further development of civil procedure legis
lation in accordance with international standards for the protection of human rights.




