THE IDEA OF JUSTICE IN ECONOMIC LAW

Through the prism of Ukrainian legal tradition, article substantiates axiological importance category justice as a value invariant in regulation economic relations Ukraine modern conditions and immanence ideas Economic law. Attention is drawn to fact that has its own which historically deeply rooted European tradition inherited by Constitution 1996. The declaration principle Rule Law Ukraine, an element common heritage member states Convention for Protection Human Rights Fundamental Freedoms, determines fundamental status idea system Ukraine. general purpose functioning derived from content Article 1 — it development sovereign, independent, democratic, social, state. until now neither foundations nor principles law have been fixed Code main act legislation, although they should form basis structure all acts be interpretation norms legislation rulemaking serve mean overcoming conflicts gaps law, including through justice. It determined both subjective (as integrity person) objective meaning social justice) already explicitly included normative substance Code. implementation essence are regulated these rules. In contrast purely civil subject Civil well public regulations based on power subordination, object complex defined 3 Such justice, good faith reasonableness (Clause 6 Code), embody participants relations, show their regulatory potential sphere. support market economy never part goal (the goal) not generally state, accordingly, function state ensured supports scientific position feature ensuring compliance with process managing economy. problem understanding necessity forms management among those especially acute period transformations society. However, at any time, shall solve task performing “general affairs” society regulating asymmetric society, characterized inequality members. If cornerstone (formal) equality parties, then fundamentally important smooth out actual (economic) ensure differentiated equality. concluded impossible fulfil obligations without use appropriate means go beyond private very developed sub-branches institutes