Lutskyi R., Kaleniuk O., Lytsur M. Constitutional consolidation of the rule of law as the basis for the development of the Ukrainian state: historical origins and implementation practice

DOI: https://doi.org/10.33098/2078-6670.2024.17.29.87-93

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. Resulst. As a result of the research conducted, it was found that this principle, which forms the basis of the constitutional order, is proclaimed and operates in our country. The creation by the state of reliable and favorable conditions for the implementation of the rule of law in all social relations, the consolidation at the legislative level of guarantees for its enforcement and the mechanism of legal protection in case of violation of this principle are its priorities, because in a state governed by the rule of law, a person, his or her life, health, honor, dignity, rights and security are the highest value. Originality.It is established that the rule of law is in fact the only effective means of ensuring the protection of all these values of the Ukrainian state, and it should become the main goal of legal science and practice. The article also formulates conclusions which summarize the rule of law as a fundamental principle of the rule of law, its main features and components, and its importance and role for Ukraine as a country governed by the rule of law.

Key words: law, constitutional law, historical origins of the rule of law, human rights, rule of law, social state, law and order.

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