The Rule of Law in the Legal Positions of the Constitutional Court of Ukraine
Summary: 1. Introduction. – 2. Theoretical Fundamentals of Understanding the Principle of the Rule of Law. – 3. Components of the Principle of the Rule of Law in the Legal Positions of the Constitutional Court of Ukraine. – 4. The Rule of Law and the Principle of Direct Action of the Constitutional Norms. – 5. Conclusions.
Abstract
Background: The Constitutional Court of Ukraine and courts of general jurisdiction play one of the main roles in the application of the rule of law. The article is devoted to the study of the constitutionalisation of the principle of the rule of law, as well as its constituent elements, in particular, the principle of legal certainty, proportionality, and direct action of the Constitution of Ukraine. The article analyses the legal positions of the Constitutional Court of Ukraine on the content of the above elements of the rule of law. It is emphasised that the principle of proportionality is fundamental to defining the limits of human rights. The content of this fundamental principle is manifested in the proportionally reasonable relation between the purpose of restricting a certain human right and the means used by the state to limit it. In addition, it is noted that the principle of direct action of the Constitution as an element of the rule of law has limited effect and relates mainly to provisions on human and civil rights and freedoms, as well as the provisions of new procedural codes introducing a novelty, which are generally perceived positively.
Methods: The paper used the following methods of analysis and synthesis to examine the main approaches to the definition of the rule of law and its individual elements: the system-structural method, which allowed us to give a structural description of the principle of the rule of law, as well as to analyse the content of its elements, and the logical-legal method, which provided an opportunity to clarify the content of the legal positions of the Constitutional Court of Ukraine on the interpretation of the rule of law.
Results and Conclusions: Theoretical and practical approaches to substantiating the nature of the rule of law and the content of its structural elements in the legal positions of the Constitutional Court of Ukraine were developed and analysed.
About Authors
Slinko Tetiana
Cand. of Science of Law (Equiv. Ph.D.), Professor, Department of Constitutional Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine t.m.slinko@nlu.edu.ua https://orcid.org/0000-0001-8411-9655
Corresponding author, responsible for conceptualization and methodology.
Competing interests: No competing interests were disclosed.
Disclaimer: The author declares that her opinion and views expressed in this article are free of any impact of any organizations, including those related to her service as a member of the Science Council of the Constitutional Court in Ukraine.
Letnianchyn Liubomyr
Cand. of Science of Law (Equiv. Ph.D.),Assoc. Department of Constitutional Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine l.i.letnyanchyn@nlu.edu.ua https://orcid.org/0000-0001-6495-9809
Co-author, responsible for writing and data curation.
Competing interests: No competing interests were disclosed.
Disclaimer: The author declares that his opinion and views expressed in this article are free of any impact of any organizations.
Bayrachna Larisa
Cand. of Science of Law (Equiv. Ph.D.), Assoc. Prof. of the Department of Constitutional law of Ukraine of Yaroslav Mudryi National Law University, Kharkiv, Ukraine bayrachnayalara@gmail.com https://orcid.org/0000-0002-0249-8207
Co-author, responsible for writing and data curation.
Competing interests: No competing interests were disclosed.
Disclaimer: The author declares that her opinion and views expressed in this article are free of any impact of any organizations.
Tkachenko Yevhenii
Cand. of Science of Law (Equiv. Ph.D.), Assoc. Prof., Department of Constitutional Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine ye.v.tkachenko@nlu.edu.ua https://orcid.org/0000-0003-2510-5362
Co-author, responsible for writing and data curation.
Competing interests: No competing interests were disclosed.
Disclaimer: The author declares that his opinion and views expressed in this article are free of any impact of any organizations.
Copyright: © 2022 T Slinko, L Letnianchyn, L Bairachna, Ye Tkachenko. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Managing Editor – Dr. Serhii Kravtsov. English editing – Dr. Sarah White.
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T Slinko, L Letnianchyn, L Bairachna, Ye Tkachenko ‘The Rule of Law in the Legal Positions of the Constitutional Court of Ukraine’ 2022 1(13) Access to Justice in Eastern Europe 165-177. DOI: https://doi.org/10.33327/AJEE-18-5.1-n000099
