THE PRINCIPLES OF THE RULE OF LAW IN THE CONDITIONS OF PROTECTING NATIONAL SECURITY

Abstract

The article examines theoretical approaches to understanding the content and essence of the concept of the rule of law as a fundamental legal principle and the basis of the functioning of the state in the context of the need to preserve the national security of the state. The views of scientists are presented, which prove the fundamentality of the studied concept. The positivist approach was separately analyzed in the context of distinguishing between the concepts of «rule of law» in two meanings. Author’s considerations regarding the essence of the rule of law in axiological and epistemological aspects are presented, characterizing this theoretical-legal category as ideological and one that forms a new conception of social order and legal order, and axiological as one that forms conceptions of members of society and participants of social relations about the value of their legal status, which is determined by legislation (in this case, the rule of law is implemented as a manifestation of the law and the positivist theory of law) and the value of objective (natural) human and citizen rights. An attempt was made to structure the priorities of the modern legal state and determine the relationship between the concepts of «rule of law» and «national security» based on additional established normative bases for the definition of the latter. It was found that national security remains the focus of the interests of public authorities, civil society and other participants in social relations. It was concluded that the rule of law and national security exist in the dimension of an ontological contradiction, which in turn affects the state of normative and legal regulation, the content of normative and legal acts, the level of satisfaction and compliance with the rights and freedoms of citizens, as well as the rights and legitimate interests legal entities. It is concluded that national security is one of the conditions that makes the rule of law possible and achievable, but the actions aimed at its preservation and protection must be justified and clearly defined, therefore the proposed topic requires a deeper theoretical and legal analysis.