On the Rule of Law principle narrow understanding as a definition granted in the code of administrative adjudication of Ukraine & appropriate court practice of the European court of human rights to ensure the necessary scope

Keywords: the Rule of Law principles, fundamental principle of the legal system, administrative adjudication, Convention on human rights protection and fundamental freedoms, European court of human rights.

Abstract

Author reviewed actual legal issues of understanding the essence, role of the Rule of Law principle in administrative adjudication, showed significant discrepancies in understanding the scope of the principle of Rule of Law in the definition, fixed in the Code of administrative adjudication of Ukraine, and the court practice of the European court of human rights, that underlined the necessary significant aspects of it`s understanding providing quality of the law; legal certainty, access to the court, fair trial, obligatory execution of court decisions, inadmissibility of any restrictions of the granted provisions on democracy and Rule of law even during war or another social disaster.

The Rule of Law principle in the Ukrainian doctrine and legal practice is a new core ground, covering a large scale of ideas, rules, elements set forth in international and European conventions, acts and agreements, domestic legislation, but still not having common doctrinal basis for understanding the whole spectrum of demands, uniting it as a live concept interpreted via civilization development. Although it`s origins may be found in British tradition, American intervention on global level had had special impact on the Rule of Law concept interpretation in a rather wide understanding. In our opinion, such a wide interpretation of the Rule of Law may be considered as a mega-principle for transformation or modeling new legal systems in emerging Eastern European democracies. At the same time we still witness rather strong impact of a Legality principle, shaping the effective system of legislation & domestic legal order according to the rules & doctrinal views common to post-Soviet countries.

A rather narrow interpretation of a Rule of law may be found in the Article 6 of the effective Code of administrative proceedings of Ukraine, that states, that the court is governed by the Rule of law principle, that implies, among other, that a human being, it`s rights and freedoms are deemed to be the highest values and define the essence and goals of the state activities. At the same time, it prescribes applicability of the case-law of the European court of human rights, but not defining the exact features or measures, sources for differentiating with Legality principle, Legal certainty principle as an element of the Rule of Law, protecting legitimate expectations etc.

How to Cite
Pukhtetska, A. (1). On the Rule of Law principle narrow understanding as a definition granted in the code of administrative adjudication of Ukraine & appropriate court practice of the European court of human rights to ensure the necessary scope. Law Review of Kyiv University of Law, (2), 96-99. https://doi.org/10.36695/2219-5521.2.2019.16
Section
State governing and administrative law issues. Financial law. Information law