The principle of the rule of law

Abstract

This publication attempts to explore the rule of law as one of the fundamental principles of a state that proclaims itself to be a state governed by the rule of law. The author defines such concepts as "rule of law”, "rule of law”, "democracy", "state power”, "legality". Attention is paid to the basic concepts (procedural (formal) and substantive (substantive)) of understanding the phenomenon of "rule of law” and to the distinction of this principle among other social and legal regulators which affect the organization of state power within the legal framework. The author highlights the principles and basic elements (clarity, stability, judicial control, etc.), characteristic properties of the rule of law (the way of "building” state power on a legal basis; manifestation of natural law, etc.)
 The author presents a theoretical consideration of this principle in the field of organization of state power in society in broad ("rule of law over the state”) and narrow ("rule of law over the law”) aspects. The role and place of the rule of law as a legal value and the correlation of the Basic Law with the rule of law principle are clarified. In our country, this principle is proclaimed and operates as the basis of the constitutional order. The state should create reliable and favorable conditions for the implementation of the rule of law in all social relations, enshrine guarantees of its enforcement and a mechanism of legal protection in case of violation of this principle at the legislative level, as these are its priorities, since in a state governed by the rule of law, a person, his or her life, health, honor, dignity, rights and security are the highest values. Ensuring the protection of all these values should be the main goal of legal science and practice.
 This paper also formulates conclusions that summarize the rule of law as a fundamental principle of the rule of law, its main features and components, and its importance and role for Ukraine as a country governed by the rule of law.