The article on the methodology of system analysis considers the institution of state coercion from the standpoint of the principles of the rule of law, the rule of law and the rule of human rights. The decisions of the European Court of Human Rights in the context of improving the regulatory and legal regulation of the use of state coercion in Ukraine, the role 5 of the court in the process of using state coercion, and the problem of adaptation of the legal base to the requirements of the European Union are analyzed.
rule of law
The article examines the institution of individual constitutional complaint and offers its application in Ukraine on the basis of experience of other countries where it exists. The analysis of the problems related to the realization of an individual complaint has been carried out. In order to introduce this institution the attention should be paid to the necessity of legislative supplements, changes in the organizational structure as well as in methods of judicial activity of Constitutional Court of Ukraine
The article analyzes the importance of legal awareness and legal culture in the development of civil society. We consider the concept and basic features of civil society characterized by justice and legal culture that influence the improvement of law on the
formation of a legal state and civil society.
The article is devoted to the development of legal culture, since the scientific level of legal thinking and legal awareness provides the ideal legal personality formation that respects the legal law recognizes his supremacy in whole spheres of life,the iraction ssupporting the rule of law in Ukraine.
The article deals with the role of the legal ideology in the formation of civil society. The main purpose of the legal ideology and its influence on the process of formation of civil society is highlighted in the article. The importance of spiritual culture, as a value of legal ideology on the evolutionary path of the civil society is showed.
The article defines the meaning of integrated national legal frameworks of European Union member states analysing doctrinal principles of supremacy and direct force of European Union law. It proves that ensuring total supremacy of law European Union guarantees its precedence so that national laws and regulations do not contradict or defeat standards of European Union law.
Іn the article in legal aspect considered regional approach of reforming of the territorial mechanism of Ukraine, as one of the possible options for improvement. Highlighted understanding such multifold category as region. With a glance to historical experience, modern political realities and future prospects, tend was valid for the optimizing of the territorial mechanism of Ukraine, including the feasibility of consolidation of administrative units by the formation of prorated regions.
The article is dedicated to the study of the content of the notion of consciousness due to modern scientific portfolios.
The author found that scientists have not come to a single common definition of legal consciousness. Consistently the new aspects of legal consciousness appear. Also analysis performed of the mental states of consciousness. In the conclusion the author formulated his own scientific position regarding the notion of legal consciousness, including the position that legal consciousness can be an ideological source of law.
The article examines the essence and scope of the discretionary power of the court in the
context of adherence of the principle of the rule of law. Based on the analysis of the
phenomenon of judicial discretion and the principle of the rule of law, the article defines the
main directions of their mutual influence
In the scientific article the questions of divergence of historical and legal hermeneutics.
Clarified, that the interpretation is a typical activities of a lawyer, particularly in the Romano-
Germanic system of law. Any professional lawyer who works in legislative or executive bodies,
often engaged in the interpretation of the law and facts that underlie their use. It is established
that the recognition of the professionalism of a lawyer depends on hermeneutical
interpretation, the ability to choose and implement from the plurality of meanings of the rule