СУТНІСТЬ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА

Abstract

This article reveals the fundamental principles and features of the rule of law, as well as its importance for the rule of law. In particular, it was emphasized that a special place among all the principles of the rule of law belongs to the principle of legality. It is noted that legality and discipline are the basic conditions for the existence of any democratic state, its mandatory features. They are inseparable from each other. Requirements for compliance with legality (a political and legal phenomenon characterized by unwavering compliance with the requirements of current legislation by all subjects of public administration relations) and discipline (conscious compliance with the rules of conduct established by legal and other social norms in state and public life) are addressed, first of all, to bodies of public administration. The main approaches to the modern interpretation of the content of the principle of the rule of law are considered, in particular: formal; substantive (material and legal); functional. It is emphasized that most scientists consider the rule of law as the rule of law in society, where state power is exercised within the limits of the law, and the court, which is independent from other state authorities, makes legal and fair decisions, where priority is given to the rights and interests of the individual; as a manifestation of justice, humanism and goodness; as a phenomenon that gives rise to democracy and becomes the main prerequisite for the creation of a legal state.