Проблемные вопросы определения понятия правового государства на современном этапе развития общества

Abstract

Introduction: the concept of the rule of law is rooted directly in the ancient period, which had a significant influence on the legal concepts and theories of such Enlightenment scholars as Grotius, Montesquieu, Locke, Rousseau, Kant, and others. For many years, scientists have tried to identify and trace the existing relationship between the concept of the state and human rights, based on the principles of freedom of political and legal relations. The development of legal concepts of scientists and thinkers of several centuries allowed us to form well-established ideas and principles of the rule of law at the present stage. The fundamental principle of the rule of law is the recognition of human and civil rights and freedoms as the highest value. On this basis, the state policy is formed under the influence of the ideas of popular sovereignty, the rule of law, democracy, the mutual responsibility of the individual and the state. The purpose of the study: to study and form the concept and principles of the rule of law, as well as to analyze the measures taken to improve the foundations of the rule of law in the context of the processes of globalization. Methods: the research uses such general scientific methods as the analysis and synthesis of scientists’ positions on the definition of key theoretical concepts in the field of the rule of law, systematic and structural approaches to the consideration of problematic issues, the formal logical method, and others. Results and conclusions: the authors formulated the main reasons for the existence of globalization at the present stage of the development of statehood. In particular, the measures taken by the state to improve the foundations of the rule of law under the influence of these processes taking place in society are considered. Based on the results obtained, it is concluded that the state policy is developing the ideas for improving the economic, political, legal, technological, socio-cultural, religious, and other areas.