Measuring the implementation of the rule of law in society and the state

The subject of the research conducted in the article is the forms of measuring the rule of law in society and in the state. The purpose of the study is a comprehensive analysis of various forms of measuring the rule of law in society in order to identify areas for further improvement of implementing...

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Main Author: K. K. Rakytianska
Format: Article
Language:Ukrainian
Published: Kharkiv National University of Internal Affairs 2021-12-01
Series:Bulletin of Kharkiv National University of Internal Affairs
Subjects:
Online Access:http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/391
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author K. K. Rakytianska
author_facet K. K. Rakytianska
author_sort K. K. Rakytianska
collection DOAJ
description The subject of the research conducted in the article is the forms of measuring the rule of law in society and in the state. The purpose of the study is a comprehensive analysis of various forms of measuring the rule of law in society in order to identify areas for further improvement of implementing the rule of law in various aspects of public life. In the process of working on the research, various methods of scientific cognition were used, taking into account the goal, objectives of the research, its object and subject, namely: dialectical method, comparative method, structural logic method, method of system analysis. During the study a methodology for measuring the rule of law was developed, which is based on measuring the level of implementation of individual components, which together reflect the content of the rule of law. Such a comprehensive approach to the analysis of forms of measuring the rule of law is reflected for the first time in the scientific community. The article identifies the features of measuring the rule of law in Ukrainian society in view of the existing narrow conceptual reproduction of the principle of the rule of law in national law. It is concluded that one of the necessary favorable factors that is essential for the implementation of the rule of law is a democratic political regime. The possibility of measuring the rule of law in society through the prism of the overall goal to which it is aimed and through its functional purpose has been analyzed. It is established that in view of the new challenges caused by globalization and trends of deregulation, the implementation of the rule of law should be expanded. Proposals have been formulated on the need to expand the essence of the rule of law in the future as a guiding principle of organization of life so as to cover not only the relationship of the state with private entities, but also the activities of private entities whose opportunities to violate personal rights are the same as state power. The conclusions developed in the article can be used in law-making, law enforcement activities, as well as create a basis for further research in this area.
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spelling doaj-art-2ad12f839b494cc8abc0e08f06259dad2025-02-02T04:46:36ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2021-12-01954657810.32631/v.2021.4.04391Measuring the implementation of the rule of law in society and the stateK. K. Rakytianska0Yaroslav Mudryi National Law UniversityThe subject of the research conducted in the article is the forms of measuring the rule of law in society and in the state. The purpose of the study is a comprehensive analysis of various forms of measuring the rule of law in society in order to identify areas for further improvement of implementing the rule of law in various aspects of public life. In the process of working on the research, various methods of scientific cognition were used, taking into account the goal, objectives of the research, its object and subject, namely: dialectical method, comparative method, structural logic method, method of system analysis. During the study a methodology for measuring the rule of law was developed, which is based on measuring the level of implementation of individual components, which together reflect the content of the rule of law. Such a comprehensive approach to the analysis of forms of measuring the rule of law is reflected for the first time in the scientific community. The article identifies the features of measuring the rule of law in Ukrainian society in view of the existing narrow conceptual reproduction of the principle of the rule of law in national law. It is concluded that one of the necessary favorable factors that is essential for the implementation of the rule of law is a democratic political regime. The possibility of measuring the rule of law in society through the prism of the overall goal to which it is aimed and through its functional purpose has been analyzed. It is established that in view of the new challenges caused by globalization and trends of deregulation, the implementation of the rule of law should be expanded. Proposals have been formulated on the need to expand the essence of the rule of law in the future as a guiding principle of organization of life so as to cover not only the relationship of the state with private entities, but also the activities of private entities whose opportunities to violate personal rights are the same as state power. The conclusions developed in the article can be used in law-making, law enforcement activities, as well as create a basis for further research in this area.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/391rule of lawprinciple of lawsocietyhuman rightsstate.
spellingShingle K. K. Rakytianska
Measuring the implementation of the rule of law in society and the state
Bulletin of Kharkiv National University of Internal Affairs
rule of law
principle of law
society
human rights
state.
title Measuring the implementation of the rule of law in society and the state
title_full Measuring the implementation of the rule of law in society and the state
title_fullStr Measuring the implementation of the rule of law in society and the state
title_full_unstemmed Measuring the implementation of the rule of law in society and the state
title_short Measuring the implementation of the rule of law in society and the state
title_sort measuring the implementation of the rule of law in society and the state
topic rule of law
principle of law
society
human rights
state.
url http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/391
work_keys_str_mv AT kkrakytianska measuringtheimplementationoftheruleoflawinsocietyandthestate