ON THE EPISTEMOLOGICAL ASPECT OF THE RULE OF LAW

Abstract

Objective: to conduct a theoretical and legal analysis of contemporary problems in the understanding of the rule of law. Research methods: dialectical method of cognition, general scientific and special methods are used in the work. Results: modern approaches to the cognition of the rule of law, allowing a comprehensive approach to the elucidation of its essence, revealing its various aspects. It is concluded that addressing the epistemological aspect of the rule of law will give it practical relevance and the possibility of disseminating it as a normative ideal, introducing it into practice through appropriate legal mechanisms and ensuring its effectiveness as a legal principle. With the expressed, at first glance, abstractness of the concept of «rule of law», this illusion should be avoided, as this category has a pronounced practical and even pragmatic nature, as it can and should be applied to all legal relations directly without exception. Discussion: element-by-element and integrative approaches to the understanding of the rule of law were analysed, leading to the substantiation of the view that an exhaustive definition of the principle of the rule of law should not be formed, since any framework and logical structures would not be able to fully express its content, an exhaustive list of elements of the principle of the rule of law would result in a limited concept. Such a list must always remain open, «living», supplemented and adjusted to correspond to the essence of the principle of the rule of law, which is concrete and historical in nature. However, the need for such a list is urgent, because it can help to learn the essence of the principle of the rule of law and ensure its applied nature.

The rule of law is a fundamental principle of modern legal systems, in particular, in the countries of Western Europe the rule of law is a fundamental principle in the system of European values. Ukraine, aspiring to become a full member of the European Union, aspires to implement basic European values among which is the rule of law. Ukraine’s integration into the European legal space means not only gaining a full membership in the EU, but also its real adoption of European democratic values and, first and foremost, its transformation into a democratic and lawful state. The latter is possible only on the basis of forming a national legal system in accordance with European standards while respecting the universally recognized fundamental principle of the rule of law.