Article | The Rule of Law is the «New» Old Principle of Civil Justice: the Relation to the Principle of Legality |
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Authors |
Luspenyk D.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2017 |
Pages | 9 - 20 |
Annotation | The article is devoted to issues of integrated comprehension of the Rule of Law as a certain standard in the aspect of judicial interpretation and law-enforcement, which, consequently, has impact on the efficiency of civil judicial proceedings. It is proved that basic concept for a judge as an interpreter of law shall be represented by the substantive element of the Rule of Law, which consists of the fact that during the whole his activity the judge shall observe the catalogue of fundamental human rights and their priority, as well as formal element of the rule of law, according to which the judge shall observe the principle of legality (in the sense of legality of laws), principles of proportionality, principle of legal certainty and procedural guarantees of right to fair judicial consideration. |
Keywords | rule of Law, legality, civil judicial proceedings, legal certainty, right to fair judicial consideration |
References | |
Electronic version | Download |