THE RULE OF LAW AS A BASIC PRINCIPLE OF A DEMOCRATIC CONSTITUTIONAL ORDER

The article examines the principle of the rule of law as a fundamental basis of the democratic system of the state. The author analyzes the theoretical and legal aspects of this principle and its importance in the formation of the rule of law. The author emphasizes the interrelation of the rule of law with other democratic values, such as the separation of powers, protection of human rights, legality and responsibility of public authorities to society. Particular attention is paid to the correlation between the rule of law and such categories as the rule of law and the rule of law. The author reveals that the rule of law is a form of government organization which embodies the rule of law through the subordination of the State to law, real separation of powers, ensuring human rights and freedoms, and legal responsibility of State bodies and officials. Thus, the rule of law is an institutional form of realization of the rule of law in practice. The author substantiates that the rule of law is a broader concept than the rule of law, since it includes not only formal compliance with the law, but also its substantive compliance with universal human values, international law and the principles of justice. The rule of law, in turn, can turn into an instrument of power usurpation if the law does not meet the moral and legal criteria of society. That is why in a democratic society, the law should not only be binding, but also legal in its content. The author analyzes the peculiarities of implementation of the rule of law principle in the case law of the European Court of Human Rights and the Constitutional Court of Ukraine. The author emphasizes the role of the Constitutional Court of Ukraine in establishing the rule of law as a basic principle of the rule of law. The article also examines the challenges and problems of implementing this principle in modern conditions, in particular in the context of transformation processes in Ukraine. It is concluded that only through the real implementation and observance of the rule of law is it possible to build a true democracy in which human rights, effective control over the authorities and the establishment of justice are given priority.