УДК 340.12

ORCID: 0000-0002-8700-4367

DOI 10.37566/2707-6849-2019-3(28)-5

(PDF)

PANCHENKO Olena,

Judge of the Avdiivsky City Court of Donetsk region, coach of the National School of Judges of Ukraine, PhD student of the Department of Theory and History of State and Law, Constitutional and International Law of Lviv State University of Internal Affairs

 RULE OF LAW AS A NATIONAL PHENOMENON PEOPLE'S CONSCIOUSNESS

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself

The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular.

Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon.

Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law

Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice.

The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure.

Keywords: law, rule of law, phenomenon, national, legal consciousness.

References

Gachev G. Mentalnost narodov mira.  Moscow: Eksmo,  2008.  544 p. [Rus.]

Chefranov A. B. Problemy zastosuvannya teoriyi cinnostej u pravovih doslidzhennyah. Problemi filosofiyi prava.  2005.  T. Sh. №. 1–2.  P. 325–337 [Ukr.].

Dudchenko V. V. Do pitannya shodo doslidzhennya fenomena prava . Aktualni problemi derzhavi i prava. 2003.  № 18.  P. 25–30.

Tarasishina O. M. Spravedlivist yak pravova cinnist . Yuridicheskij vestnik.  2002.  № 3.  P. 114–117 [Ukr.].

Kozyubra M. I. Princypy verhovenstva prava i pravovoyi derzhavi: yednist osnovnih vimog .  Naukovi zapiski Nacionalnogo universitetu «Kiyevo-Mogilyanska akademiya». 2007.  T. 64.  P. 3–9 [Ukr.].