THE RULE OF LAW AS A PRINCIPLE OF LEGAL MEANING: EUROPEAN AND UKRAINIAN EXPERIENCE

Maria Bratasyuk, O. Yaremko
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Abstract

Summary The article deals with the problem of legal meaning-making which is quite important, as the development of law is generally carried out through the creation of legal meanings by the subjects of law. Law must be meaningful, reasonable and has some sense . Legal existence is the real embodied and existing perfectly legal meanings. Emphasis is placed on the danger of large-scale de-legalization of public relations in modern Ukraine, which is manifested in numerous violations of the current Constitution of Ukraine by government officials, human rights violations that have become widespread, very significant politicization of the judiciary, including the Constitutional Court of Ukraine, violations of legal standards by various branches of government. On the way to a democratic state governed by the rule of law, the law itself, forms and ways of its manifestation, in contrast to arbitrariness, must increase in the country, not decrease. The semantic right of creation should be intensified, not narrowed. It is emphasized that the implementation of the rule of law is the basic basis for legal meaning. Concern for the law is a concern for the development of its meanings, their assertion and protection must be a common cause of each and everyone. It is on the basis of the rule of law that real Ukrainian European integration is possible.
法治作为一种原则的法律意义:欧洲和乌克兰的经验
法律的发展一般是通过法律主体对法律意义的创造来实现的,因此,法律意义的创造是法律发展的一个重要环节。法律必须是有意义的、合理的、有意义的。法律存在是法律意义的真实体现和完美存在。重点是现代乌克兰公共关系大规模非法制化的危险,这表现在政府官员对现行乌克兰宪法的多次违反,普遍存在的侵犯人权行为,包括乌克兰宪法法院在内的司法机构非常严重的政治化,以及政府各部门对法律标准的违反。在通往民主法治国家的道路上,法律本身及其表现形式和方式,与随意性相反,必须在国家中增加,而不是减少。语义创作权应该加强,而不是缩小。强调法治的实施是法律意义的基本依据。对法律的关注就是对其意义发展的关注,维护和保护法律必须是每一个人的共同事业。只有在法治的基础上,乌克兰才有可能真正融入欧洲。
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168
审稿时长
8 weeks
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