Issues of justice in the political and legal doctrine of I.A. Ilyin

Tushkanov Igor' Valentinovich ORCID: 0000-0001-8398-5025 Associate Professor of the Department of General Theoretical Legal Disciplines of the North Caucasus Branch of the Russian State University of Justice 350020, Russia, Krasnodar Territory, Krasnodar, Krasnykh Partizan str., 234, office 305 tushkanovi@rambler.ru Other publications by this author

Introduction. The scientific legacy of the outstanding Russian lawyer and philosopher I.A. Ilyin (1883-1954) is extensive and multifaceted. His work is analyzed by philosophers, political scientists, lawyers, historians and other social scientists; he is referred to by current politicians, for example, President Vladimir Putin in his Messages to the Federal Assembly in 2005, 2006 and 2014. As Y.T. Lisitsa rightly noted, "the value of all Ilyin's research consists not only in deep theoretical studies of the Russian national thinker, but also in their practical significance" ^{[1, p. 481]}. Among the recent publications devoted to the political and legal views of Ivan Alexandrovich, articles by A.P. Gerasimenko ^[2], V.S. Gusev ^[3], R.K. Dianov ^[4], A.A. Egorov ^[5], V.S. Kuzychenko ^[6], Yu.T. Lisitsa ^[1], A.V. Savchenko and G.S. Pratsko ^[7]. At the same time, I.A. Ilyin's views on the role of justice and the judicial system in the development of society and the state mechanism often remain "outside the brackets" of the works of researchers. Meanwhile, they occupy an important place in the thinker's teaching about the state in general, and about the state structure of post-Soviet Russia in particular.

Theoretical foundations. Methods. The object of this research is the political and legal ideas of Ivan Alexandrovich Ilyin, as an outstanding representative of Russian legal and philosophical thought. The subject is the views of I.A. Ilyin on justice and its main elements, set out in the articles of the scientist. Thus, the purpose of the presented research is to consider the evolution of Ilyin's ideas about the problems of ensuring justice. To achieve the goal of the work based on the principles of historicism and objectivity, dialectical, systemic and comparative legal methods were comprehensively applied.

The results of the study. Considering the works of I.A. Ilyin, published by him at various stages of his life, one can see both the evolution of a number of his political and legal views, as well as ideas that arose in the early stages of his work, subsequently repeated repeatedly, only receiving additional argumentation. Among the latter, undoubtedly, is the idea of the inextricable link between justice and justice. In his opinion, justice is, first of all, justice personified in the decisions and sentences of courts, in the activities of other law enforcement agencies. "Justice demands," Ivan Alexandrovich wrote, "that law should not be applied without consideration, in blind indifference and without any condescension to human weakness and ignorance; it demands, on the contrary, that wherever possible, the personal properties of subjects and their intentions should be taken into account; it further demands that wherever only law It can come out in support of morality and good morals, the application of the norm would serve this higher purpose, it finally requires that whoever applies the law has in mind only one thing – the right and correct decision and does not succumb to any considerations of an extraneous nature: partiality, hypocrisy or, moreover, self-interest. Such an application of law teaches people to appreciate and respect it; it creates justice and wise government in the country" ^{[8, p. 58]}. I.A. Ilyin thus distinguished three components of justice: the correct application of the norms of law, benevolent consideration of the intentions and personal qualities of the parties to the trial, as well as the impartiality of the judges themselves first of all, the lack of self-interest.

The practical implementation of these elements in the activities of the judicial authorities, according to Ivan Alexandrovich, is based primarily on a well-organized judicial system and judicial proceedings. As a model, he considered the judicial system of the Russian Empire, created by the reform of 1864, and considered it necessary that similar principles of the organization of justice be established in post-Soviet Russia. In this regard, it should be noted that the creation of judicial districts that do not coincide in territory with the administrative division will undoubtedly lead to even greater independence and impartiality of judges. "The Russian court," wrote I.A. Ilyin in the article "On the Basic Laws of Future Russia," is called upon to be right, fair, merciful, prompt and equal. The Russian judge, always strengthening himself in the law of God, knows two sources in his decisions: the law of the Russian State and his conscientious sense of justice. He can neither deceive himself nor please the authorities in power" ^{[9, p. 337]}. Naturally, at the same time, the basic procedural rights of citizens must be ensured. Therefore, the thinker proposed to introduce articles into the constitution of post-Soviet Russia stating that "no one can be prosecuted, tried and punished except on the exact basis of a law issued and promulgated before the act was committed, and only in accordance with the procedure defined by law", "no one can be detained, taken into custody or otherwise deprived of liberty except in cases defined by law and in compliance with the rules prescribed by it", "any detained person in cities and other places of judicial authority must be released within twenty–four hours, and in other areas of the State no later than within three days from the time of detention, or released, or submitted to the judicial authority, the judicial authority, upon consideration of the charge, either releases the detainee, or decides, with a statement of the grounds, on his further detention", "no one can be tried by another court, except for the one to whom his case is legally subject"^{[9, p. 341]}. These provisions are basic for the real provision of human and civil rights and freedoms. They were enshrined in the first national constitution[see About this: 10, 11, 12, 13] – Basic State Laws of the Russian Empire in 1906 [Basic State Laws // Complete Collection of Laws of the Russian Empire. The Third Meeting. Vol. 26. Part 1. No. 27805. Articles 30, 31, 32, 33. // https://nlr.ru/e-res/law_r/search.php Date of appeal 03/27/2024.], have received their due place in the Constitution of modern Russia[The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020. Articles 18, 20, 22, etc. // http://publication.pravo.gov.ru/document/0001202210060013 . Accessed 03/27/2024.].

Despite his aristocratic origin, the thinker was a supporter of the equality of citizens (subjects) before the law and the state. In post–Soviet Russia, legal norms, according to Ivan Alexandrovich, should be such that "they do not establish unfair privileges - indulgences, fences, disenfranchisement, oppression, as well as unfair equations. ... all the inequalities they established obviously did not trample on justice. ... they introduced such methods of applying the law (in government, self-government and the court), which, on the one hand, would guarantee against arbitrary and unintended application of the law, and on the other hand, would require officials, teach them and give them the opportunity to introduce amendments to justice everywhere" ^{[14, p. 312]}. It should be recognized that these provisions of his political and legal doctrine are very important and relevant at the present time, since they clearly embody the principle of "law for man, not man for the law." Their practical implementation would allow many government agencies to get rid of petty problems and focus on solving strategic tasks.

I.A. Ilyin also believed that the independence of judges is important for ensuring justice, both from the administration and from "public" pressure. "The judiciary," he wrote, "sends its case independently, and although judges are appointed by the government, they can only be replaced in case of abuse" ^{[8, p. 88]}. The independence of judges from the administration is ensured, first of all, by their irremovability, that is, by a direct prohibition to dismiss or transfer judges to another position without their consent. However, in addition to administrative bodies, judges may be to a certain extent dependent on the so-called "public opinion", on the stereotypes prevailing in a particular society. In this case, according to Ivan Alexandrovich, judges of all levels should be able to resist the pressure of the media and all kinds of "public figures" simply as individuals. After all, "a person is an amateur volitional center, a subject of law ... . He must build himself, master himself, control himself and be responsible for himself" ^{[14, p. 306]}. Only a judge who is independent in all respects will be able to make truly fair decisions that ensure real justice. In addition to the personal qualities of a law enforcement officer, one of the ways to ensure the independence of judicial opinion may be the refusal of a judge to discuss with anyone, including "in absentia" (by reading, listening or watching the media) ongoing trials.

In his political and legal teaching, I.A. Ilyin attached special importance to the sense of justice as a guarantee of justice, because "if there is no living and just sense of justice in a country, then no laws, even the most perfect ones, will help it" ^{[14, p. 312]}. Russian Russian Russian Russians, according to Ivan Alexandrovich, everything was in order in this regard: "he (the Russian people – I.T.) has developed over the centuries his own special Russian legal consciousness (the Russian pre-revolutionary court, the works of the Russian Senate, Russian jurisprudence, combining the Christian spirit with a refined sense of justice and informal contemplation of law)."^{[15, p. 18]}. The national legal consciousness was formed, first of all, by sincere faith in God. As I.A. Ilyin noted, "Russia was held and built by the memory of God and being in His living and gracious breath" ^{[15, p. 16]}. As a result, the triple sense of personal responsibility of each law enforcement officer was consolidated: before God, before the state and before society.

The lack of this sense of responsibility, according to Ivan Alexandrovich, leads to the violation of justice. "What can you expect from an irresponsible judge," he wrote in the article "On a Sense of Responsibility," who does not require a true sense of justice from himself, neither evidence in the study of the fact, nor insight into the soul of the defendant, nor accurate knowledge of the law? Such a judge, who knows neither the future, nor the vocation, nor the desire to realize the "best of the best", will create a regime of arbitrariness, corruption and nepotism" ^{[16, p. 149]}. Therefore, as A.A. Egorov notes, "Ilyin attached fundamental importance to the idea of a qualitative renewal of Russian statehood, being convinced that the restoration and revival of the country directly depends on the renewal of the personnel of state power" ^{[5, 113]}. Indeed, practice shows that neither the strictest control and supervision nor the risk of punishment help if there is no personal sense of responsibility, proper sense of justice and the desire to ensure justice in society.

In this regard, the issues of justice in the teachings of I.A. Ilyin are closely related to justice and justice awareness. Moreover, as A.V. Savchenko and G.S. Pratsko point out, Ilyin's legal consciousness is "an integral attribute of civil society and the rule of law", the basis of "legal understanding and lawful behavior in society" ^{[7, 71]}. Indeed, on the one hand, "justice cannot be found or established on the basis of formal rules, because it requires a lively contemplation of a diverse life. ... Every law is an abstract rule. No law can capture and provide for the fullness and diversity of life" ^{[14, 312]}. On the other hand, according to Ivan Alexandrovich, "between the law and a living person there is also the application of the law (administrative or judicial), i.e. summing up a specific life case under an abstract rule. And this is where the true kingdom of justice should unfold" ^{[14, 312]}. Consequently, law enforcement agencies, and specifically the judiciary, need law enforcement officers with a high level of responsibility and legal awareness, with the will to ensure justice.

Conclusions. In general, it can be noted that the issues of ensuring justice and fairness in law enforcement activities occupy an important place in the political and legal teachings of I.A. Ilyin. For this, in his opinion, a well-organized judicial system is necessary, guaranteeing the independence of judges from outside influence; democratic judicial proceedings based on the priority of human rights and freedoms. It seems that the creation of judicial districts that do not coincide in territory with the administrative division will undoubtedly lead to even greater independence and objectivity of judges. But the main binding element of the justice mechanism should be, according to Ivan Alexandrovich, a developed sense of justice and a sense of personal responsibility. It is quite obvious that the ideas expressed by I.A. Ilyin are quite relevant and important for modern Russia.