THE PRINCIPLE OF LEGALITY IN ADMINISTRATIVE JURISDICTION AS ONE OF THE COMPONENT ELEMENTS OF THE PRINCIPLE OF THE RULE OF LAW

Based on the doctrinal and normative legal sources analysis, the article analyzes the principle of legality as a key component of the rule of law and reveals its implementation in judicial practice. The close connection between the principle of the rule of law and legality has been proven, as they cannot be implemented unilaterally. One of the criteria for ensuring compliance with the principle of legality is that court decisions should be based on the principles of the rule of law while adhering to legality. In turn, the principle of the rule of law forms the basis of Laws and other Normative Legal Acts adopted based on the Constitution of Ukraine and must be complied with. It is emphasized that the principle of legality, which is one of the constituent elements of the principle of the rule of law, can be considered as a system of fundamental principles. Its implementation aims to achieve the ultimate goal and objectives in law-making and law enforcement. This involves strict adherence to the constitutional norms and laws of Ukraine.

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Publication Details

Journal
Scientific Notes Series Law
Published
2024-08-01
DOI
https://doi.org/10.36550/2522-9230-2024-16-111-115
Primary Topic
European and International Law Studies
Type
article
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article

THE PRINCIPLE OF LEGALITY IN ADMINISTRATIVE JURISDICTION AS ONE OF THE COMPONENT ELEMENTS OF THE PRINCIPLE OF THE RULE OF LAW

Nataliia Maksymenko
Scientific Notes Series Law
European and International Law Studies
article

THE PRINCIPLE OF LEGALITY IN ADMINISTRATIVE JURISDICTION AS ONE OF THE COMPONENT ELEMENTS OF THE PRINCIPLE OF THE RULE OF LAW

Nataliia Maksymenko
article en

Abstract

Based on the doctrinal and normative legal sources analysis, the article analyzes the principle of legality as a key component of the rule of law and reveals its implementation in judicial practice. The close connection between the principle of the rule of law and legality has been proven, as they cannot be implemented unilaterally. One of the criteria for ensuring compliance with the principle of legality is that court decisions should be based on the principles of the rule of law while adhering to legality. In turn, the principle of the rule of law forms the basis of Laws and other Normative Legal Acts adopted based on the Constitution of Ukraine and must be complied with. It is emphasized that the principle of legality, which is one of the constituent elements of the principle of the rule of law, can be considered as a system of fundamental principles. Its implementation aims to achieve the ultimate goal and objectives in law-making and law enforcement. This involves strict adherence to the constitutional norms and laws of Ukraine.

Scientific Notes Series LawVol. 1(16)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
European and International Law Studies
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THE PRINCIPLE OF LEGALITY IN ADMINISTRATIVE JURISDICTION AS ONE OF THE COMPONENT ELEMENTS OF THE PRINCIPLE OF THE RULE OF LAW — Nataliia Maksymenko · Scientific Notes Series Law (2024) | TGRS Research Map | TGRS