REFERENCE LAW: SCIENTIFIC REVIEW, REGULATORY SECURITY, JUDICIAL PRACTICE
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
In connection with the rapid development of social relations and the state's aspirations to settle social relations in the legal field, there are conflicts regarding the application of different rules of law. In the article "The rule of law: scientific opinion, normative consolidation, judicial practice" the principle of rule of law is considered, and given the rapid development of legislation, it is indicated on the latest legal problems in the implementation of the above principle. The content of the principle of the rule of law, its components on the basis of judicial practice is considered. The problematic aspects of the implementation of the rule of law by the courts, the reflection of the principle in the legal field and the scientific aspect are revealed. Investigated on the basis of the report of the Venice Commission “On the Rule of Law” March 25−26, 2011, the implementation and constituent principles of the rule of law The article is devoted to the problems of legal regulation of the rule of law principle, conclusions and suggestions on the disclosure of the main content, the definition of the components of the principle in the scientific vision. An analysis of the concept of the principle in the doctrinal and law enforcement approach was carried out, key issues were identified that required further elaboration in the legislative field. The article focuses on the peculiarities of understanding the principle of rule of law by national courts, the Constitutional Court, taking into account Ukrainian legislation. Providing conclusions on bringing national legislation to the legislation of the European Union. The authors pay special attention to the practice of law enforcement, as courts in some cases, in our opinion, made decisions that contradict the law and, accordingly, violated the rights of a person, in particular the right to a fair trial. The authors substantiate the assertion that it is the principle of the rule of law that is enshrined in the Constitution of Ukraine, which is fundamental to the application of a specific law, while stressing that Ukraine is a law-governed state.
Authors and Affiliations
Влад Олександрович Сидорчук, Сергій Вікторович Дяченко
Keywords
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