Верховенство права як ідеологічна парадигма цивілізованої держави

Abstract

The article is dedicated to the study of the problem of the rule of law as an ideological paradigm in the context of building a civilized state. The main approaches to define the concept of paradigm are analyzed and it is proved that the ideological paradigm of a civilized state is the ideal model of a state, is formed on the basis of society members’ general perception of basic values and fundamental knowledge and determines goals setting and choices of means to achieve them, as well as provides adequate implementation of its essential characteristics into real life. The main approaches to define the concept and content of the rule of law are summarized. The authors have analyzed its definition at international level (in particular, the Venice Commission), as well as certain legal determinations of the Constitutional Court of Ukraine on the characteristics of the components of the rule of law. It is justified that the rule of law is a certain ideal model of interaction between law and state, which is formed on the basis of society members’ general perception of basic legal values and fundamental knowledge with the aim to limit state power, protect human rights and freedoms from arbitrary interference of a state (or its bodies) on the basis of legitimacy and justice. It is confirmed that the main components of the rule of law are legal validity and certainty, prohibition on arbitrariness, access to independent and impartial justice, respect for human rights, prohibition on discrimination and equal protection of the law. It is proved that the rule of law requires a balanced legal policy, conduction of measures aimed at formation of a positive legal consciousness and improvement of the legal culture of society as a whole.