rule of law

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.

The article deals with the issues regarding the knowledge and observance of the requirements of prohibitions and restrictions, fixed by the rules of administrative law, that is relevant and interesting for both scientists and practitioners.Administrative prohibitions and restrictions are often identified with the administrative coercive measures,which does not correlate with the purpose and objectives of prohibitions and restrictions.Attention is drawn to the role and significance of legality when implementing administrative prohibitions and restrictions.

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.

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