Idea of lawfulness in development process of legal state
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
Author analyzes the relation between the categories «lawfulness», «rule of law» and «state of law» as ideals of social development. It is pointed out that is it necessary to implement specially specified requirements, conditions, principles, and also to develop the society, the crown of which is the state of law, and only under these conditions the principle of the rule of law will be ensured. At the same time ensuring human rights and freedoms is the main responsibility of the state. However, rule of law is a broader notion than a state of law, as it covers all spheres of human life, including the international sphere. Hypothesis is proposed, that Ukraine has just started to build a state of law (rule-of-law state) and, at present, the preconditions for the establishment of the rule of law have begun to be created. In addition, it is concluded that the construction of a law-governed state is impossible without full implementation of the rule of law principle. This means that the law must govern the state of law, not the interests of persons in whose hands the power is at a particular moment, and the limits of responsibility of person regardless of position occupied.
Authors and Affiliations
Serhii Kapyshin
Keywords
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