| Popis: |
The purpose of the article is to generalize domestic scientific approaches to the content of the concept of "rule of law" on the basis of philosophy of law, theory of law, norms of legislation. The article identifies domestic scientific approaches to the content of the concept of "constitutional state". It is established that there is no single scientific content to fill this category, as well as the progressive modernization of this concept by domestic scientists, who comprehensively expand the essence of the constitutional state, taking into account the well-known foundations of the rule of law. The constitutional state is defined as a managerial and legal form of organization and activity of public authorities and society, the value of which is a person, his life, health, dignity, inviolability and other rights and freedoms provided through interconnected activities of all branches of government principles of the rule of law. It is emphasized that the modern meaning of the concept of "rule of law" should include not only the existing principles of functioning of government, but also progressive directions of development of social relations with a fair, legal and humane social order in the state. It was found that the construction of the modern rule of law should reflect: a) the modern concept of the rule of law can only be a system of principles (features), institutions that express the democratic idea of peoples sovereignty; b) the sovereignty of the people means that only the people - the only source of all power; only he has the inalienable right to determine and change the forms of state and legal life. It was found that Ukraine is characterized only by formal features of the principle of separation of powers, legal protection of the individual, widespread compliance with laws and regulations. Therefore, we can only talk about certain general features of the rule of law in modern Ukraine, because not always the real situation of Ukrainian citizens corresponds to what is approved by laws and regulations. It is concluded that domestic scientific approaches to the content of the concept of "rule of law" are united by the lack of a single content to fill this category, and the progressive modernization of this concept by domestic scholars who comprehensively expand the rule of law. |
