Modern Approaches to the Interpretation of the Rule of Law Principle: Ukrainian and European Experience

Abstract

The doctrine of the rule of law is gradually becoming an integral part of the institutional design of the legal system of Ukraine. Despite the slightly scholastic discussions regarding the translation of the term '' the rule of law'', there is an agreement that this doctrine defines formal and substantive requirements for the process of law-making and law implementation. Most of the problems in implementing the rule of law in Ukraine are institutional and instrumental. First of all, the structures of social interaction distort the essence of this process. Take the stereotypes of powers holders as an example, the purpose of serving the people, the creation of res publica quite often do not act as a key goal of their activities. This is accompanied by excessive formalism, which gelds the world of ideas of constitutionalism, generating arbitrary use of law. At the same time, new models of judicial decision-making and some legislative acts based on best practices at the world or regional level are emerging. It is also important to implement the decision-making process in accordance with the Ukrainian constitutional tradition based on freedom, democracy and limited government.