The article examines the content of the rule of law elements which the European Commission for democracy through law (Venice Commission) defined as mandatory in the Report dated March 2011.

The purpose of the article is to establish whether these elements have been consolidated in the text of the Code of Administrative Proceedings of Ukraine (CAP of Ukraine). The author concludes that Art. 6 “The Rule of Law” contains information about two of the six mandatory elements. Proceeding from this conclusion, it is proposed to set out the relevant provisions of CAP of Ukraine in the manner ensuring that they are practically applicable; that their precepts make possible filling the combination of words “the rule of law” with specific content understandable both to representatives of the judiciary and individuals who have to seek protection of their rights.

The article presents the “sounding” of the mandatory rule of law elements which appears to be appropriate for administration of justice. Hence, judicial activity will be based on the idea of the rule of law, if: 1) justice is accessible and the court is independent and impartial; 2) the court strictly complies with laws and acts only within the framework of its powers; 3) the court makes reasonable, fair, well-substantiated decisions which have no signs of tyranny; 4) while trying a case, the court applies the law in equal measure to everyone; 5) the court interprets the law in the manner assuring priority of human rights; (6) final decisions of the court will not be questioned, they must be strictly complied with, including through the use of efficient mechanisms which will encourage the implementation thereof.

Compliance with the above rule of law elements in judicial activity can be achieved if in the procedural law the rules are set out which refer to the proceedings principles and reveal the content of each of these elements. These rules will have an executable and concise form, if their texts include information on the Convention’s requirements of fair trial described in the light of their interpretation by the European Court of Human Rights. In other words, introduction of the mandatory rule of law elements is guaranteed in the proceedings through the requirements of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which should be reflected in its (proceedings) principles.

Given the above, the author presents an updated list of the administrative proceedings principles. Some of them are given a respective characterization based on which the rules are formulated, and the author proposes to consolidate these rules in the national administrative procedural law.