The principle of the rule of law in the system of principles of administrative and legal support integrity judges
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the analysis of the essence of the principle of the rule of law and its significance for the system of principles of administrative and legal support for the integrity of judges. The author notes that in the theory of administrative law, the most common is the division of principles into two groups: general and special. The first group of principles is based on the norms of the Constitution of Ukraine and the conceptual bases of activity common to all subjects (for example, the principle of legality). The second group of principles takes into account the special properties inherent in any kind of social activity. Such principles are based on the analysis of this activity and the special legislation that regulates it. It is of interest that the general principles of various activities proposed by many scientists have much in common. The se include, in particular, the principles of the rule of law, legality, objectivity and impartiality, respect for the rights, freedoms and legitimate interests of individuals and legal entities. The author proposes a definition of the principles of administrative law ensuring the integrity of judges as enshrined in the Constitution and laws of Ukraine, the conceptual framework for determining their compliance with ethical standards of justice and the formation of a model of their desired behavior. The principle of the rule of law in the system of principles of administrative law ensuring the integrity of judges plays two main roles. This principle determines the vector orientation of other principles, determines their existence in this system, and also determines their meaningful content. It should be said that the principle of the rule of law always remains broader in its content than the totality of other principles, because it include side as, concepts, paradigms, and ideas about the category of “integrity of judges”. The author substantiates that the prospects for further research should include the study of the legal mechanism of the principle of the rule of law
Authors and Affiliations
С. В. Жуков
Keywords
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