THE RULE OF LAW AS A FUNDAMENTAL PRINCIPLE OF THE LEGAL SYSTEM: COMPARATIVE LEGAL ASPECT

The article considers the concept of «rule of law», identifies the main features, clarifies the ideological origins of the rule of law. The relationship between the concepts of «rule of law» and «rule of law» is analyzed. Attention is paid to the development of the doctrine of the rule of law in domestic legislation, the main stages of enshrining this principle in the system of national legislation are highlighted. It is noted that at this stage of development of the rule of law there is a problem of its insufficient regulation and definition of this concept in the system of Ukrainian law. The principle of the rule of law in the times of the Soviet Union and in the times of independent Ukraine is considered. It was concluded that many elements of the structure of the legal system were borrowed from the times of Soviet Ukraine. It was also found that the current state of the rule of law in Ukraine largely depends on the level of legal culture of the population, where Soviet stereotypes prevail. A comparison of the application of the rule of law in different types of legal families, namely: Anglo-Saxon, religious and traditional. It is noted that in our time in any legal system of the world one way or another is used and enshrined the fundamental principle of the rule of law. It is emphasized that for the development of our system based on the basic principles of law, it is necessary to further borrow the experience of other countries of different types of legal families. It is established that focusing on more developed Western countries will contribute to the renewal and development of the legal system of Ukraine. It is noted that this principle is one of the general principles of constitutionalism, it is necessary for the state to be considered truly democratic and legal. The conclusion emphasizes that respect for human rights, the prohibition of state arbitrariness, non-discrimination and equality before the law are the main elements of this principle.