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.
