Lutskyi R. Rule of law and law and order in the European Union

https://doi.org/10.33098/2078-6670.2023.16.28.41-47

Purpose. The article is devoted to the analysis of the legal nature, the content of the rule of law as a principle, as well as the legal phenomenon and the conceptual approach to modern human rights. She studies the foreign experience of implementing the rules of the rule of law into national legislation. The role of international organizations in ensuring the rule of law is determined. It is noted that the rule of law is a universal principle. The need for general provision and observance of the rule of law both at the national and international level is recognized by all UN member states, because the rule of law is one of the basic values shared by the European Union and its members. Cornerstone problems of the rule of law, expressed in the implementation of its main principles, are an actual subject of multilateral public discourse: the future of the country and its role in the process of modern development of the world order and the conditions of its globalization depend on their solution.Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Originality. As a result of the conducted research, it was established that the concept of the rule of law creates a platform, a basis for the unification of all branches of law, especially taking into account the fact that different branches of our law are composed in a disjointed manner. The constitutional consolidation of the rule of law, the principle of the rule of law determine the sphere of activity of all branches of state power and the methods of their activity. The state should not go beyond the border of the legal field, crossing which, the legal state turns into its antipode. The state cannot use in its activities methods that contradict the principles of the rule of law and the rule of law. Scientific novelty. It has been established that the principle of the rule of law is actually the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its provision and control is a guarantee of ensuring human rights to the extent that decent living conditions are created for each person.Practical significance. As a result of the analysis, it has been proven that the simple formation of a perfect system of legislation, which enshrines basic human rights and freedoms and defines an effective legislative procedure, is not yet sufficient for building a democratic society in our country. We need not only to enshrine the principle of the rule of law in the Constitution, but also to implement it in our daily activities.

Key words: law, positive law, natural law, rule of law, human rights, rule of law, social state, law and order.

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