Верховенство права в Украине: проблемно-перспективный аспект

Abstract

В статье рассмотрено становление и реализация принципа верховенства права в условиях демократического государства, политико-правовой и общественно-политической ситуации.

У статті розглянуто становлення й реалізація принципу верховенства права в умовах демократичного суспільства, політико-правової та суспільно-політичної ситуації.

Nowadays issue of the right supremacy remains the «foundamental stone» of building up really democratic government and society. This article is dedicated to implementing the legal supremacy in modern Ukraine as well as possibilities to overcome them through indicating basic directions. The legal supremacy remains a fundamental principle of law: anyone is under the law, all are equal and no one could be punished by the government other than by breaching the law and only in accordance with prescribed order. The historical grounds for this principle and its doctrinal and practical expression are determined by the social and political issues based on finding a key in individual freedom and social contacts. The legal supremacy contradicts to ideas of the Roman and Nazi law which are based on the supremacy of the Leader rather than the law. Regarding the usage of the term «The legal supremacy» originated from the 17th century, its concept had been formed much earlier. It can be proven by ancient Greek philosopher, Aristotle, who states «the law must rule» similar to the ancient Roman philosopher, Cicero, expression «We are slaves of the law». It proves that roots of the principle came from ancient times. Two possible concepts of the legal supremacy can be brought out: formal and instructive («thin» and «thick» as in English tradition; engaged with theories of legal positivisms and natural law correspondingly). The formal concept does not include justice of norms, but defines possible procedural aspects of the legal system. The approach is aimed to divide efficiency and predictability of the system from the side of ethic with its responsibility for the result. The legal supremacy contain imposes demands to the law itself and obviously includes basic human rights which came from lawfulness, morality and justice pursuant to the concept. Kofi Annan, former General Secretary during his speech on session in General Assembly of UNO stated: «The provision of legal supremacy is the key for settlement of hot issues». In accordance with Transparency International Ukraine places 134th position among 178 countries of the globe by the level of corruption. The low society level of trust to judicial and law enforcement bodies can be proved by the results of the research performed by social group «Rating», showing that 41% of Ukrainian people bears no trust to police and only 8% of people puts trust to court houses. According to the poll data, among law enforcement bodies the Ukrainian Security Service is the most entrusted (16% — full trust, 25% -partial trust and 26% — no trust). Under these conditions still remain promising the issues on building up models of the government organization and the society reforming.