Historical aspect of the european understanding of the rule of law
Purpose. The article analyzes potential ways to improve Ukraine’s legal system using European standards and practices. The study analyzes the history of the rule of law in Europe, compares legal systems, studies legal reforms in Ukraine, analyzes statistical data, and identifies the main problems of...
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| Format: | Article |
| Language: | English |
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King Danylo University
2024-12-01
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| Series: | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
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| Online Access: | https://visnyk.iful.edu.ua/en/issue-%e2%84%96-1830/kelbya-s-historical-aspect-of-the-european-understanding-of-the-rule-of-law/ |
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| author | Kelbya S. |
| author_facet | Kelbya S. |
| author_sort | Kelbya S. |
| collection | DOAJ |
| description | Purpose. The article analyzes potential ways to improve Ukraine’s legal system using European standards and practices. The study analyzes the history of the rule of law in Europe, compares legal systems, studies legal reforms in Ukraine, analyzes statistical data, and identifies the main problems of the Ukrainian legal system. It was determined that although Ukraine has taken significant steps to prevent corruption since independence, the country’s legal system still requires significant changes.It is also found that the current state of the European rule of law shows mixed trends. In addition, leading European countries not only demonstrate successful models of the rule of law, but also actively support Ukraine in implementing such standards through various technical assistance programs and expert advice. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normativedogmatic, generalization method. Originality. As a result of the research, it was found that the concept of the rule of law creates a platform, a basis for uniting all branches of law, especially given that different branches of our law are developed separately. The constitutional enshrinement of the rule of law and the rule of law principle determine the scope of activities of all branches of government and the methods of their operation. The state should not go beyond the boundaries of the legal field, crossing which the rule of law turns into its antithesis. The state cannot use methods in its activities that contradict the principles of the rule of law and the rule of law. Scientific novelty. The author establishes that the principle of the rule of law is, in fact, the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its enforcement and control is a guarantee of human rights to the extent that decent living conditions are created for each person. Practical significance. The analysis proves that the mere formation of a perfect system of legislation that enshrines fundamental human rights and freedoms and defines an effective legislative procedure is not enough to build a democratic society in our country. We need not only to enshrine the principle of the rule of law in the Constitution, but also to implement it in our daily activities. |
| format | Article |
| id | doaj-art-1bb2c0cebc1042e693613a80b740dcc8 |
| institution | Kabale University |
| issn | 2078-6670 2618-0308 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | King Danylo University |
| record_format | Article |
| series | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
| spelling | doaj-art-1bb2c0cebc1042e693613a80b740dcc82025-01-22T06:34:46ZengKing Danylo UniversityНауково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького2078-66702618-03082024-12-0118(30)2835https://doi.org/10.33098/2078-6670.2024.18.30.28-35Historical aspect of the european understanding of the rule of lawKelbya S.0https://orcid.org/0000-0002-1817-8160Bukovinian UniversityPurpose. The article analyzes potential ways to improve Ukraine’s legal system using European standards and practices. The study analyzes the history of the rule of law in Europe, compares legal systems, studies legal reforms in Ukraine, analyzes statistical data, and identifies the main problems of the Ukrainian legal system. It was determined that although Ukraine has taken significant steps to prevent corruption since independence, the country’s legal system still requires significant changes.It is also found that the current state of the European rule of law shows mixed trends. In addition, leading European countries not only demonstrate successful models of the rule of law, but also actively support Ukraine in implementing such standards through various technical assistance programs and expert advice. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normativedogmatic, generalization method. Originality. As a result of the research, it was found that the concept of the rule of law creates a platform, a basis for uniting all branches of law, especially given that different branches of our law are developed separately. The constitutional enshrinement of the rule of law and the rule of law principle determine the scope of activities of all branches of government and the methods of their operation. The state should not go beyond the boundaries of the legal field, crossing which the rule of law turns into its antithesis. The state cannot use methods in its activities that contradict the principles of the rule of law and the rule of law. Scientific novelty. The author establishes that the principle of the rule of law is, in fact, the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its enforcement and control is a guarantee of human rights to the extent that decent living conditions are created for each person. Practical significance. The analysis proves that the mere formation of a perfect system of legislation that enshrines fundamental human rights and freedoms and defines an effective legislative procedure is not enough to build a democratic society in our country. We need not only to enshrine the principle of the rule of law in the Constitution, but also to implement it in our daily activities.https://visnyk.iful.edu.ua/en/issue-%e2%84%96-1830/kelbya-s-historical-aspect-of-the-european-understanding-of-the-rule-of-law/lawstaterule of lawintegritystate institutionsreformspolitical system |
| spellingShingle | Kelbya S. Historical aspect of the european understanding of the rule of law Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького law state rule of law integrity state institutions reforms political system |
| title | Historical aspect of the european understanding of the rule of law |
| title_full | Historical aspect of the european understanding of the rule of law |
| title_fullStr | Historical aspect of the european understanding of the rule of law |
| title_full_unstemmed | Historical aspect of the european understanding of the rule of law |
| title_short | Historical aspect of the european understanding of the rule of law |
| title_sort | historical aspect of the european understanding of the rule of law |
| topic | law state rule of law integrity state institutions reforms political system |
| url | https://visnyk.iful.edu.ua/en/issue-%e2%84%96-1830/kelbya-s-historical-aspect-of-the-european-understanding-of-the-rule-of-law/ |
| work_keys_str_mv | AT kelbyas historicalaspectoftheeuropeanunderstandingoftheruleoflaw |