法治原则作为现代市民社会的基础

Alina urtishcheva
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引用次数: 0

摘要

乌克兰作为一个试图建设法治国家和建立法治的国家,宪政改革具有深远的政治和法律影响。这样的国家应该宣布国家权力分立、政府的法律性质、对公民权利不受国家权力侵犯的法律保护、对国家机关对公民造成的损害进行赔偿。法治国家的建立和法治原则的实际实施需要严格遵守宪法和法律,首先是公共当局及其官员。这对行政当局来说尤其重要。法治为控制政府行为提供了基础,要求政府遵守善治的要求。这些身体运作的经验显示出一种不断增强力量的趋势。此外,权力机构违反《基本法》规则的例子表明,一些宪制和法律机构没有能力有效地调节公共关系。这就是为什么保护宪法合法性的法律手段问题具有当前的重要性。为了确保法治和法治国家,必须有在公共权力之间提供限制性联系的制度。这种限制性机构确保国家当局在权力分工和宪法合法性的基础上发挥作用。这对于保障人权和公民权利,以及履行宪法的制约功能具有重要意义。此外,这类制度改善了官员的法律文化,对整个公民社会的发展产生了很大的影响,因为这样的社会需要公民、非政府组织和依法有效的政府之间的合作。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE PRINCIPLE OF LEGALITY AS A FOUNDATION OF MODERN CIVIL SOCIETY
INTRODUCTION Constitutional reform had profound political and legal consequences for Ukraine as a country trying to construct law-based state and to establish rule of law. Such state should declare the separation of state authority, the legal character of government, the legal protection of citizens from violations of their rights by state power, compensation for damage caused to them by state bodies. The establishment of legal statehood and the practical implementation of the principle of the rule of law require the strict observance of the constitution and laws, first of all by public authorities and their officials. This is especially significant to the executive authority. The rule of law provides the basis for control over governmental actions, demanding from them to comply with the requirements of good governance. The experience of these bodies functioning demonstrates a constant tendency to increase power. Moreover, the examples of violations of the rules of the Basic Law by the power institutions have demonstrated the inability of some constitutional and legal institutions to effective regulation of public relations. That is why the issue of legal means, protecting constitutional legality, is of current importance. In order ensure the rule of law and law-based state, there must be institutions that provide a restrictive connection between public authorities. Such restrictive institutions ensure the functioning of state authorities based on the division of power and constitutional legality. This is of significant importance for ensuring human and civil rights, as well as the implementation of the restrictive function of the constitution. Moreover, such institutions improve legal culture of officials, making a great impact on the development of civil society in general, because such society needs cooperation between citizens, non-government organizations and law-based and effective government.
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