Suchergebnisse

The article proposes to consider the principle of the rule of law through the prism of the interaction of legal norms and moral norms. The actuality of the problem is determined by the lack of a solution to the democratization of social relations, the formation of attitudes toward man as the highest value, clarifying the place of social regulators of human life. It is noted that the principle of the rule of law not only can reveal the effectiveness of the interaction of law and morality, but also can help with the development of mechanisms for its implementation. The purpose of the article is to highlight the generalized results of the rule of law as a reflection of the interaction of law and morality. Law and morality are characterized as elements of the general cultural normative system, regulators of social relations. The realization of human rights recognized as a prerequisite for becoming a full-fledged individual. It was emphasized that the equality of citizens before the law, the right to work, to own property, to freedom of thought, conscience, and religion, etc. that was declared by the Universal Declaration of Human Rights, demonstrated both its legal and moral significance. Attention is drawn to the fact that the convergence of legal norms and moral norms occurs in the last third of the twentieth century, when law began to be considered as a socio-cultural phenomenon. It is concluded that the principle of the rule of law demonstrates the country's desire to build its legal system on the ideas of democracy, justice, recognition of human rights and freedoms as the highest value, i.e., based on interaction of law and morality. We share the views on the essence of the principle expressed by P. Tkachuk who writes that "the rule of law is a set of moral and legal values, according to which relations in a democratic society should be regulated, issues4 of human life should be resolved, cases should be considered in court." ; У статті наведено розгляд принципу верховенства права як відображення взаємодії норм ...

Thoughts on the supremacy of law are found in the writings of famous ancient philosophers and concern attempts to regulate the lives of citizens in policies. The idea of justice in the conclusion of laws was restored in the late Middle Ages in the form of thoughts about the impartiality of the law and the possibility of a person defending his rights with the help of natural law. The views of scientists of the XVI–XVII centuries on the definition of law in general and laws in particular can be presented as the subordination of the law established by the state to the law established by Godand later – the law established by the people. A. Dicey views the supremacy of law as: protection of a person from the arbitrariness of the state; equality of all before the law, regardless of social status and whether a person is related to public service; a really functioning judicial mechanism for the realization and protection of a person's rights. In the ХХ century the doctrine of the supremacy of law has spread to other European countries and has become a part of the subject of international law. But the history of revolutions, world wars, periods of totalitarianism in this century has shown the disregard for the state power of human rights and freedoms, and became an incentive to consolidate the principle of the supremacy of law in the Constitutions of democratic states. In the interpretation of the principle of the supremacy of law by Ukrainian legal scholars, there are certain disagreements, explained by the multiplicity of theories in which this principle is considered. We share the views on the essence of the principle of P. Tkachuk who writes that «the principle of the supremacy of law is a set of moral and legal values, according to which relations in a democratic society should be regulated, resolve issues of people's life, consider cases in the courts». The consolidation of the principle of the supremacy of law in the Constitution of Ukraine reveals the attempts of our country to build its system of law on the ideas of democracy, justice, recognition of human rights and freedoms as the highest value. The fundamental ideas of the supremacy of law defined in the era of Antiquity are still relevant today and the unity of the manifestation of the norms of law and morality is decisive in revealing the essence of the principle. ; У статті аналізується історичний розвиток принципу верховенства права як сполучення справедливості, свободи, рівності, гуманності. Аналіз процесу становлення принципу на різних етапах суспільного розвитку демонструє, що визначені ще в епоху Античності основоположні ідеї панування права є актуальними і нині, а єдність вияву норм права та моралі є визначальною у визначенні змісту принципу.