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Valuable dimension of the Rule of Law ; Ціннісний вимір верховенства права

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  • معلومة اضافية
    • بيانات النشر:
      Vasyl' Stus Donetsk National University
    • الموضوع:
      2023
    • نبذة مختصرة :
      The article is devoted to the study of topical issues of the rule of law in the context of legal axiology. The need for radical changes in the state-legal organization of society requires not only institutional and functional transformations in the state, but also the transformation of legal consciousness, overcoming various forms of its deformation, the formation of a high level of legal culture, which is impossible without ensuring the real supremacy of law, its implementation in the legal system of society as not only a principle, but also a universal human value. The purpose of the article is to specify the essence of supremacy as a universal human value, as well as to substantiate the main ways of its establishment in this capacity in the legal system of society. An analysis of the main approaches to determining the nature and essence of value has been carried out. The content of the instrumental (external) value of the rule of law as its ability to act as a means of affirming other universal values (in particular, human rights and freedoms, democracy), as well as the achievement of the strategic goal of the development of society and the state, the transformation of the latter into a democratic, social, and legal one, is specified. , that its implementation requires the definition of all its components and the development of clear criteria for assessing its condition and effectiveness as a relevant system of means. It was determined that the rule of law acts as an intermediate goal, without achieving which it is impossible to ensure the desired state of development of the individual, society, and state. It was concluded that the social value of the rule of law is determined by its ability to contribute to the creation of an environment of freedom in which the person, his rights, interests, and needs come to the fore, and the state is deprived of certain advantages of power, which are used in one way or another in the political arena. The need to analyze the rule of law not as a theory (doctrine), but as ...
    • File Description:
      application/pdf
    • Relation:
      https://jpchdnu.donnu.edu.ua/article/view/14119/14021; https://jpchdnu.donnu.edu.ua/article/view/14119
    • الرقم المعرف:
      10.31558/2786-5835.2023.1.2.7
    • الرقم المعرف:
      edsbas.86B21D49