принципи права

The article examines the formation of domestic legal argumentation based on the legal tradition. The emphasis is placed on the problem of moving away from the Soviet legal heritage. The main factors that influenced the postponement of the process of formation of legal argumentation in Ukraine are identified. The influence of legal positivism on the formation of its features, the formulation of legal principles is clarified. Positive and negative factors influencing the formation of legal argumentation at the beginning of the existence of an independent Ukrainian state are studied.

The article examines the role and importance of the basic principles of law in the formation of administrative law. It is noted that the most important task of the modern stage of the development of administrative law is the legal provision of the functioning of public authorities, their bodies and employees, as well as forms and methods of activity on the principles of the rule of law.

The article is devoted to the analyzis of the court's decision of Constitutional Court ofUkraine and some other constitutional courts decisionswhich refer to legal certainty. As the27result it is defined in which way the content of that principle is revealed in the constitutionaljurisdiction, the link between the legal certainty and the rule of law is clarified. It is stated thatdespite the absence of normative fixing of legal certainty in the Constitution of Ukraine thislegal principle is widely used, its meaning is revealed within the European tradition.

The article analyzes the interpretation of the rule of law in the practice of the European Court of Human Rights. The separate elements of this principle as its integral parts and mandatory prerequisites through which the European Court of Human Rights reveals the content of the rule of law was considered.