Основні вимоги до закону відповідно до концепції верховенства права

Abstract

У статті розглянуто основні вимоги до закону, які мають бути визначені в законодавстві держави, яка керується принципом верховенства права. Особливу увагу приділено формальним вимо- гам до закону.

The article addresses the basic requirements of the law, which must be present in the laws of the State governed by the rule of law. The requirements of the law which would correspond to the modern concept of the rule of law must promote fundamental rights and freedoms. One of the fundamental components of the rule of law is the equality before the law. The State and the citizens are equal before the law. The society in which representatives of the government and citizens alike conscientiously comply with laws can be called a society that lives by the rule of law. This requires a system of laws that establishes the basic principles and regulates a wide range of public relations. Laws should apply equally to all citizens, regardless of their social status, race, or ideological affiliation, or any other characteristics. Along with this should be the mechanisms and institutions that provide the enforcement of the law in a case of violation, according to incurring disciplinary, financial, or criminal liability. Only under these conditions, the rule of law can fully exist. A formal party of the rule of law is that in society there must be laws which are followed by all individuals, including the government. In this case,the existing rules and procedures would limit the state by the fact of its existence. In addition, the person knows how to behave and what expect from others. From this point of view, we can talk about law as a universal social grammar whose primary vocation is to provide conditions under which a civilized human community can function.