Rule of Law


May 25, 2022

The rule of law is a fundamental principle of law, which means that no person is above the law, that no one can be punished by the state except for violating the rule of law, and that no one can be prosecuted for offenses other than by law. that it is established by the prescriptions of law. The rule of law contrasts sharply with the idea that the ruler, the legislator can be above the law, which was a feature of Roman law, Soviet law, Nazi law and some other systems of law.

Rod elements

There is a consensus on the core elements of the Rule of Law. Such core elements are: legality - including a transparent, accountable and democratic procedure for enforcing the rule of law; legal certainty; prohibition of arbitrariness; access to justice in independent and impartial courts - including judicial review of administrative acts; respect for human rights; non-discrimination and equality before the law. In Ukraine, the principle of the rule of law (rule of law) is established by part one of Art. 8 of the Constitution. The term has been used since the 17th century, although the concept itself is much older. For example, the Greek philosopher Aristotle said, "The law must rule." "Rule of Law" or "Rule of Law"? Ukrainian scholar Oleksandr Mykolayovych Kostenko, based on the principle of social naturalism, considers the principle of "rule of law" as the principle of "rule of law", thus denying the positivist approach, which recognizes the rule of law formulated according to the will and consciousness of people. The role of will and consciousness should be reduced only to the discovery and legislative consolidation of the laws of natural law. The principle of the rule of law acquires independent significance when we distinguish between law and law; outside the doctrine of the doctrine of natural law, this principle can not exist (AS Dovgert). Understanding the law does not justify its identification with the law, which can sometimes be unfair, including restricting the freedom and equality of individuals. Briefly, the relationship between the concepts of "law" and "law" can be expressed through the relationship between content and form. Fundamental to�