The article analyzes the principles of justice as the basis for the functioning of the judicial system. It is noted that in recent years there has been increased scientific interest in the guarantees of the realization of everyone's constitutional right to judicial protection, as well as the theoretical bases and principles (fundamentals) of the administration of justice.
Corruption is a socio-political phenomenon caused by the imperfection of the functioning of state and public institutions.This negative phenomenon permeates all spheres of society and has a negative impact on the development of economic, social and political life in the country, is a threat to national security and statehood, incompatible with the principles of democratic, legal and social order. The need for an uncompromising fight against corruption in a democratic state governed by the rule of law does not need to be proven.
The article considers the concept and characteristics of state coercion in the context of the rule of law, rule of law and legality. The rule of law does not and cannot deny the exercise of coercive influence, but does not recognize coercion that is not based on law. It is noted that in legal science there is no generally accepted approach to the interpretation of state coercion. State coercion is defined differently by researchers. State coercion can be defined as the authorized activity of officials aimed at exercising power in order to comply with and enforce legal acts.
Today, the real requirement of the time is the priority of law over the policy of arbitrariness of power, which determines the structure of any rule of law. The idea of the rule of law is inextricably linked with the idea of the sovereignty of the people, the subordination of the state to society. The implementation of the principles of the rule of law, which in fact limits itself to human rights and freedoms, the rule of law, as a general humanistic value, lead to the expansion of private law regulation, which arise mainly between civil society, providing conditions for its functioning.
In general, democracy should be understood as a political form of government in the state, exercised by the people or directly (direct democracy), or indirectly through elected representatives (representative democracy). The analysis of foreign literature made it possible to generalize the signs of democracy. However, it is stated that they are purely formal. It is the quality of these institutions that reflects the reality of democracy. A separate analysis of the basic principle of democracy - the rule of law.
The article is devoted to the analysis of sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine. Based on the analysis of the Criminal Code of Ukraine and the positions of scientists, it can be concluded that the court in sentencing should take into account the following provisions of the General Part of the Criminal Code of Ukraine: the provisions of the Criminal Code of Ukraine (Article 1 of the Criminal Code).
The article outlines the role of legal culture and its influence on the formation and development of legal society, as building a civil society, democratic, rule of law is not only a domestic political need, but also an external necessity dictated by Ukraine's development in globalization. In fact, for all its diversity, the world is united in the fact that real progress is made only where the social conditions for the discovery of the main resource of civilization - man.
The article is devoted to the problem of implementing the rule of law in the system of principles
of criminal proceedings. Based on the analysis of the criminal procedural legislation of Ukraine and
scientific sources, the issues of the universality of the rule of law in the system of principles of criminal
proceedings through the extension of the action of this principle to the institutions of the criminal
process are investigated. It is concluded that in principle of supremacy of law the requirement of
Building a democratic, rule of law is unthinkable without affirmation of justice, legal andmaterial protection of the individual, mutual responsibility of the individual and the state, improvementof legislation and legal culture as a whole. State-legal and national-cultural revival is possible only oncondition of respect for its own history, its philosophical and philosophical humanistic traditions, whichunderlie our mentality, determine the nature of the nation and the essence of legal culture.
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.