The rule of law as a principle of administrative process implementation experience within the framework of western legal culture

Abstract

The relevance of the article is stipulated by the necessity to implement the rule of law requirements into the national legal system, in particular, in the administrative process, The following factors are indicated as factors that necessitate recourse to the experience of Western legal culture: the concept of the rule of law is the achievement of European culture; Ukrainian legal doctrine to this day has not largely departed from the doctrine of the principle of legality.
 It is noted that for the domestic legal science the issue of the rule of law is relatively new, which determines the state of its knowledge. At the beginning of the formation of the national system of law, translations of papers by foreign authors on the rule of law mostly distorted the interpretation of the phenomenon of the rule of law as the rule of the law.
 Emphasis is placed on the fact that the implementation of the rule of law, its implementation in the regulation of social relations indicates that the relationships between people, as well as the relationship between a person and public authorities are based on the requirements of legal norms; that all subjects of social relations are governed by law, not by force. It is indicated that for the domestic legal activity the implementation of the rule of law (including into the administrative process) should be carried out by way of the human rights provision (and, accordingly, the rights of the subjects of the administrative process).
 It is substantiated that the aspect of the rule of law principle implementation experience by European states, which is connected with the realization of the stated intentions, is crucial. The connection between law and morality in the context of soft law formation is highlighted.
 Based on the European Court of Human Rights practice analysis, the following legal provisions are identified in the context of the subject matter: the implementation of the rule of law within Western states necessitates effective public control over the activities of executive bodies as to restricting human rights and fundamental freedoms; the implementation of the rule of law principle within Western states necessitates the harmonization of the law and order over time and the legal certainty of legal acts.
 It is summarized that having proclaimed the principle of the rule of law as a component of the national legal system, its foundation, it is crucial for public authorities to study and borrow the experience of European states in implementing the requirements of this fundamental principle in state building.