rule of law

Philosophical and Legal Justification of the Implementation of Human Rights and Freedoms

The article presents a philosophical and legal analysis of the problem of the implementation of human rights and freedoms in the conditions of the modern legal order. The starting point of the study is the proposition that human rights are not only legal constructs, but primarily moral and anthropological categories that must have a real embodiment in legal practice.

Judicial Reform as a Component of European Integration: a Comparative Analysis of Croatia and Ukraine

The article is dedicated to the analysis of judicial reform in Croatia and the potential application of its experience to Ukraine in the context of ensuring judicial independence, enhancing the efficiency of justice, and combating corruption. The main stages of the reform of the Croatian judicial system are examined, including the implementation of transparent procedures for the selection of judges, the establishment of an anti-corruption infrastructure, and the adaptation of judicial processes to European standards.

Implementation of Criminal Proceedings Tasks as an Effective Means of Combating Criminal-Illegal Abuse by Individual Participants of Criminal Proceedings

The article highlights the problem of ensuring the effective functioning of the criminal justice system in Ukraine, especially in the context of modern challenges, such as martial law and social transformations. The study of the implementation of criminal proceedings tasks as an effective means of combating criminal-illegitimate abuses by individual participants is relevant.

Application of Police Measures in Ukraine Taking into Account the Practice of the European Court on Human Rights

The article is devoted to a comprehensive analysis of the legal regulation and practice of applying preventive and coercive police measures in Ukraine through the prism of the standards developed by the European Court of Human Rights (ECHR). The purpose of the study is to identify problematic aspects of harmonizing national legislation and law enforcement practice with the requirements of the European Convention on Human Rights (the Convention) and to formulate proposals for their resolution.

The Principle of Justice as a Requirement of Judicial Procedure

In order to find law, its instrumental component, i. e., the rules of law, are not law by themselves (this position is advocated by foreign researchers). What determines law is its functional component, i.e., the procedure of application to different people and different situations. The doctrinal changes in approaches to understanding the essence of legal proceedings and their purpose, the transition to the principle of adversarial proceedings could not affect both the process of judicial cognition and its results.

Defender as a Participant in Criminal Proceedings During Searches and Temporary Access to Items

The article examines the legal status of a defense attorney in criminal proceedings, particularly their role during searches and temporary access to items. Searches and the seizure of evidence represent one of the most intrusive interferences with citizens’ rights; therefore, the participation of a defense attorney ensures compliance with the law and prevents violations of individual rights.

Theoretical and Legal Aspects of Judicial Integrity: Questions of Updated Methodological Approaches

The presented article is devoted to the theoretical and legal study of the problem of the integrity of judges through the analysis of the issue of updating methodological approaches to the normative regulation of a certain issue. It is motivated that the principle of integrity is an axiological attribute of public authorities and the judicial system in particular.

Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (Part 2)

Over the twenty-nine years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfections in the legislation governing its activities. 

The Principle of the Rule of Law in Constitutional Law

The principle of the rule of law is a fundamental element of constitutional law that ensures stability and justice in the legal system. This article explores the historical development of the rule of law, from its origins in classical legal systems to modern interpretations and implementations. Particular attention is paid to the analysis of key aspects of the rule of law, such as its importance for the protection of human rights and freedoms and the role of constitutions in ensuring it.

Availability of Administrative Jurisdiction: Problems of Overcoming Discrimination

The article is devoted to the study of the problems of accessibility of administrative proceedings through the lens of overcoming the problems of discrimination. The principle of access to the court is key in ensuring the right to justice in the modern social and legal reality, provided for by numerous international and national norms of the constitutional and industry levels, therefore the change of certain guarantees of the judicial process causes threats to the accessibility of the judicial process.