the purpose of the legal effect. We believe that, given the dominance of
the rule of law, social justice should be recognized in order to exercise
legal influence in its external form. It is well known that social justice is
a fundamental element of social relations, which derives from the equal
and just opportunities of each individual to realize his social potential. In
general, the category of justice, unlike other guidelines of consciousness,
provides not a simple assessment of a particular social phenomenon (good
or evil, true or untrue), but a ratio of several (two or more) characteristics
between which it is necessary to establish ethical correspondence.
Thus, the correspondence between a decent act and the reward that
such an act deserves, between the immoral behavior of a person and
various forms of social condemnation and the internal experiences of a
person, between behavior that violates corporate requirements, and the
corresponding measures of influence of corporate entities and the like is
considered equitable in social significance. Thus, fairness reflects the idea
of the right, proper order of things in social relations, which corresponds
to the ideas about the appointment of a person, his natural and inalienable
rights and duties, the social validity of the interests of the holder of rights
and duties (Miller, 1999; Sen, 2009).
At one time, one of the apologists for the widespread application of
social justice as a paradigm not only of the legal, but also of the general
social existence of man, Aristotle (Aristotle, 2000) proposed to characterize
justice as a certain reimbursable, equalizing and distributive state, which
is formed as a result of the implementation of various forms of influence
on personality. This was a prerequisite for highlighting three components
of social justice. Reimbursable social justice is characteristic of a situation
in which retaliation for a violation is fully consistent with the nature of
the violation committed by the person. It should be emphasized that the
entire history of mankind, in its legal aspect, is connected with the search
for criteria for compensatory justice, one of the ancient examples of which
is the talion.
Distributive or distributive fairness determines the conditions for
the distribution of social values claimed by the person or the legal
consequences applied in connection with the unlawful behavior of the
person, in accordance with the social role played by the subjects of the
relationship. In turn, equalizing, or retributive, justice depends on the
virtues, victories or other socially significant qualities of each person. A
striking example of the implementation of all components of social justice
is the imposition by the court of punishment for a crime committed by a
person (Robinson et al., 2010). In particular, in the process of choosing a
type and measure of punishment, the court forms the basis of retaliation for
a criminal act, distributive justice is manifested in the individualization of
punishment depending on the role played by each offender in the process