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Реферат Supremacy of law is in the Ukrainian State





rights and legal duties.of equitable rights and execution of legal duties is provided by such legal value as legal responsibility. Such legal value as legal responsibility determines lawful behaviour of people.values ??exist for the society and the person as the «prepared formulas» which become guide lines in social life, influencing the choice of the variant of conduct in the field of action of law. will note that understanding of weak compatibility of dominating in different legal cultures motivating components [5] should be the basis at the legal borrowings, carried out both at the level of law-making, and at the level of legal theory and legal education.the prism of supremacy of law there is shown its own value as the value of well-organized freedom of the person, justice, consensus, eliminating tyranny and self-will [6]. Realization of the principle of supremacy of law is reflected in existence of the system of requirements incarnated in legal reality. The given requirements, corresponding to the ideology of civil society, are shown in the category (legal value) of law enforcement. It is necessary to pay attention to distinctions in existence of two copulas in the legal sphere: supremacy of law is legality, supremacy of law is law enforcement.low quality of constitutional positions and numerous blanks in the constitutional regulation in Ukraine specified in legal literature [ 7] can be the ground for the cardinal revision of the question about the application of legal values ??along with the norms of Constitution, laws and sub lawful acts. Till present the existent position about the additional address to the legal values ??at absence of concrete norms, or contradictions between them should be changed, and legal values ??should become the determining guideline at making legal decisions. In particular, the principle of supremacy of law in the legal regulation should be considered as the fundamental position, determining in all legal situations not only the character and volume of the applied normativeness but also the contents of requital, ie of justice of the legal decision.the determining role of supremacy of law in the hierarchy of legal values ??of Ukraine, we should specify that the Constitutional Court of Ukraine unlike the European Court on Human Rights acts in the former logic of supremacy of law, when it gives the definition of the concept of supremacy of law setting the formalized limits of distribution of supremacy of law in the Ukrainian law. Meanwhile the European Court on Human Rights does not give the definition of supremacy of r law insisting on recognition of situation of application of the principle of supremacy of law. The given position specified by P.M. Rabinovich [8], states the fact that even the Constitutional Court of Ukraine continues to act in the spirit supremacy of law.of law in this connection should become the basis of its realization but not only forming of the legislative policy. Thus, references to the fact that some normative position has been reflected in the law and therefore the supremacy of law should not be taken into account are inadmissible as in the system of norms there have been fixed the priorities of the Constitution of Ukraine establishing that the legal order should be based on recognition of supremacy of law [9]. Any formula of law should be perceived, interpreted, applied in accordance with the changes of social reality and legal reality, and determined by the legal mentality and legal traditions. And all this is reflected in the principle of supremacy of law that provides the corresponding correlation of the legal regulation. The great increase of amount of legislative acts in the legal system of Ukraine, on the one hand, testifies to misunderstanding by the legislator, of existence of critical limits of the legislative mass, and, on the other hand, it is the fact of mistrust to the professional legal environment and misrecognition for the lawyers of the right to application of their professional legal culture for the sanction of questions of the legal regulation.constitutional proclamation, and real providing of supremacy of law is the way out from state monopolism to the law traditional for our culture that breaks in Ukraine through both executive and legislative power and, in particular, is shown in its super law making activity.value of supremacy of law for the development of the legal system in Ukraine can be considered in two directions. Firstly, it is overcoming of destructive positions of the legal reality: disparity of the legal setting of norms of the developing system of social relations; existence of different legal collisions; widespread legal myths and illusions, etc. Secondly, it is overcoming of destructive positions connected legal reality: the developed state monopolism to law; the developed legal nihilism in the social sphere; the formed sphere of illegal practice, etc.aspect of the problem of supremacy of ...


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