THE ESSENCE OF THE PRINCIPLE OF FAIRNESS AND ITS LEGAL DESCRIPTION

Abstract

The principle of fairness has been used from ancient times to the present day as an essential factor in regulating the social relations of the peoples of the world. The principle of fairness is important in protecting and enforcing the content of various legal relations, although it does not express a general, normative norm of conduct that defines the specific rights and obligations for each legal relationship. The principle of fairness is the principle of truth, respect for rights and obligations, understanding the consequences of their actions, not putting their interests above the interests of others, and refraining from harming third parties. It is characterized by the behavior of the participants of the legal relationship, which is considered positive and is in the interests of society, adhering to the norms. However, although this principle is applied in combination with various terms in the legislation, its essence is abstract, its boundaries are vague and there are no criteria for its use. Therefore, there are difficulties in defining it legally because of its abstraction and generality. As a result, in judicial practice, this principle may not always be correctly interpreted or expressed in the correct sense. In the article, the author makes effective use of legal doctrines to explain the essence of the concept and principle of fairness. It also puts forward opinions on important issues in the application of this principle in the current legal system by studying the principle of fairness and legal description of Roman law, Islamic law, and Anglo-Saxon legal systems.