RULE OF LAW REALIZATION IN THE CONDITIONS OF CURRANT CHALLENGES

Abstract

The article offers an analysis of the modern understanding of the rule of law in the context of globalization challenges for the modern world. Attention is focused on the historical aspects of the development of the idea of the rule of law, filling it with content that met the needs of that time. The main theoretical approaches to understanding this concept within the scope of scientific research by domestic scientists are analyzed. It has been clarified that from a theoretical point of view that the rule of law can be understood in the context of dualistic theory: as an independent standard that reflects a positivist concept and actually means the rule of law, i.e. a legally established rule of conduct sanctioned by the state and recognized by it as mandatory, non-observance of which, in turn, results in the responsibility of the participant in public relations in case of its violation, as well as a complex theory that contains a wide content of the concept of the rule of law as an abstract social regulator, which can be formally expressed not only in legislative prescriptions, but also in legal traditions, customs, and values that are objectively necessary for society and the state . The constitutional consolidation of the rule of law in the legal system of Ukraine is analyzed, examples of the understanding of the content and role of the rule of law by the Constitutional Court of Ukraine are given. Particular attention is paid to current decisions of the European Court of Human Rights and provisions of acts of international and European organizations. It was concluded that positive and natural law must exist organically to ensure the rule of law as a general idea, and one of the main problems of the rule of law today remains its declarative definition at the level of international peace organizations, which ignore the real problems of individual subjects of international relations, including Ukraine.