Kelbya S. International standards and doctrinal understanding of legal authority as the basis for the formation of the democratic Ukrainian state

DOI: https://doi.org/10.33098/2078-6670.2024.17.29.69-74

Purpose. The article analyzes the legal nature and content of the rule of law as a principle, as well as the legal phenomenon and conceptual approach to the development of the modern Ukrainian State.  From a practical standpoint, the rule of law determines the place of courts in the system of public power, which should demonstrate not only the real separation of powers, but also the ability of the judiciary to limit the discretionary powers of the legislative and executive branches and thus guarantee protection against arbitrariness. This is possible only if the judiciary (and justice procedures) are independent of other branches of government. This approach to the relationship between the separation of powers (traditionally an element of the rule of law concept) brings the concepts of the rule of law and the substantive rule of law closer together.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 research, it was found that the concept of the rule of law creates a platform, a basis for uniting all branches of law, especially given that different branches of our law are developed separately. The constitutional enshrinement of the rule of law and the rule of law principle determine the scope of activities of all branches of government and the methods of their operation. The state should not go beyond the boundaries of the legal field, crossing which the rule of law turns into its antithesis. The state cannot use methods in its activities that contradict the principles of the rule of law and the rule of law. Scientific novelty. The author establishes that the principle of the rule of law is, in fact, the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its enforcement and control is a guarantee of human rights to the extent that decent living conditions are created for each person.Practical significance. The analysis proves that the mere formation of a perfect system of legislation that enshrines fundamental human rights and freedoms and defines an effective legislative procedure is not enough to build 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, state, rule of law, human rights, state under the rule of law, democratic state, Ukrainian state, European experience.

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