THE RULE OF LAW IS THE FUNDAMENTAL PRINCIPLE OF PRIVATE PROCEDURAL LEGAL RELATIONS

Abstract

The principle of the rule of law is established in the norms of public and private law and occupies one of the main places among other principles. The rule of law is a principle that encompasses the highest human values and rights, which are enshrined in the Constitution of Ukraine and defines a person as superior to the state. The main purpose of the rule of law is the establishment of an order, which by its very nature is designed to limit the influence of the state, implements the limitation of the state, primarily by society, and creates the appropriate legal mechanisms. The interpretation and mechanism of legal application of the principle of the rule of law is carried out by the Constitutional Court of Ukraine and by the courts of general jurisdiction. The Constitutional Court of Ukraine determines that compliance with the principle of the rule of law is a legally determined regulation of social relations based on the principles of justice and proportionality, taking into account the state's obligation to provide decent living conditions for every citizen of Ukraine. The principle of the rule of law has a preventive function, namely that the participants of the relevant legal relationship have the opportunity to foresee the consequences of their actions and be confident in their legitimate expectations that the right acquired by them on the basis of current legislation, its content and scope will be implemented by them. The principle of the rule of law in procedural legal relations interacts with the principle of legality and their main purpose is to ensure compliance with the task of the judiciary and is enshrined in the norms of national procedural legislation. The principle of the rule of law was considered by the European Commission "For Democracy through Law" (Venice Commission), as well as enshrined in the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The principle of the rule of law gives rise to and is based on the principle of legality. The principle of the rule of law is designed to protect the rights and freedoms of participants in legal relations.