IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION
##plugins.themes.bootstrap3.article.main##
##plugins.themes.bootstrap3.article.sidebar##
Abstract
The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.
How to Cite
##plugins.themes.bootstrap3.article.details##
rule of law principle, principles of functioning, legal framework, penitentiary bodies, penal system, justice, judicial practice, international standards, mechanism of application, public associations, public organisations, economic security, potential, investments
Aizpurua, E., & Rogan, M. (2022). Correctional oversight bodies’ resources and protections across the European Union: Are their hands tied? Criminology & Criminal Justice, Vol. 22(3), p. 383–403. DOI: https://doi.org/10.1177/1748895820986966
Center of Legal Resources on behalf of Valentin Câmpeanu v. Romania. Available at: https://hudoc.echr.coe.int/fre#{%22itemid%22
Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights): International document dated November 4, 1950. Available at: https://zakon.rada.gov.ua/laws/show/995_004/card2#Card
The Criminal Executive Code of Ukraine dated 11.07.2023 No. 1129-IV. Available at: https://zakon.rada.gov.ua/laws/show/1129-15#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of 51 MPs of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of provisions of Article 92, paragraph 6 of Section X "Transitional Provisions" of the Land Code of Ukraine (case on permanent use of land plots) dated 22.09.2005 No. 5-рп. Available at: https://zakon.rada.gov.ua/laws/show/v005p710-05#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of 50 MPs of Ukraine regarding the compliance of certain provisions of Article 263 of the Code of Administrative Offences and paragraph 5 of part 1 of Article 11 of the Law of Ukraine "On Police" with the Constitution of Ukraine (case on the terms of administrative detention) dated 11.10.2011 No. 10-рп. Available at: https://zakon.rada.gov.ua/laws/show/v010p710-11#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petitions of 49 MPs, 53 MPs and 56 MPs on the compliance with the Constitution of Ukraine (constitutionality) of paragraph 4 of section VII "Final Provisions" of the Law of Ukraine "On the State Budget of Ukraine for 2011" dated December 26, 2011 No. 20-рп/2011. Available at: https://zakon.rada.gov.ua/laws/show/v020p710-11#Text
Merriam-Webster Dictionary. Available at: https://www.merriam-webster.com/dictionary/justice
Final document of the World Summit: General Assembly Resolution No. A/RES/60/1 dated 10/24/2005. Available at: http://unpan1.un.org/intradoc/groups/public/documents/UN/UNPAN021756.pdf
Radov, G. O. (1997). The doctrinal model of the Law "On the Penitentiary System of Ukraine". Problems of penitential theory and practice, Vol. 1, p. 11–16.
Kolodiy, A. M. (2012). Principles of law: genesis, concept, classification and implementation. Almanac of law, Vol. 3, p. 42–46.
Moore, Margaret (2021). Justice Principles, Empirical Beliefs, and Cognitive Biases: Reply to Buchanan's 'When Knowing What Is Just and Being Committed to Achieving it Is Not Enough. Journal of Applied Philosophy, Vol. 38 (5), p. 736–741. DOI: https://doi.org/10.1111/japp.12547
Mudrak, V. V. (2018). The role and importance of public organizations in the field of protection of human rights and freedoms in the conditions of the formation of the legal state and civil society in Ukraine. Law and Society, Vol. 4. Available at: https://elar.naiau.kiev.ua/server/api/core/bitstreams/744154a9-c6a6-45fa-b9ac-cb78cba1c76a/content
The Resolution of the Cabinet of Ministers of Ukraine "On Approval of Regulations on Supervisory Commissions and Boards of Trustees of Special Educational Institutions" dated April 1, 2004 No. 429. Available at: https://zakon.rada.gov.ua/laws/show/429-2004-%D0%BF#n11
The Law of Ukraine "On the State Penitentiary Service of Ukraine" dated June 23, 2005 No. 2713-IV. Available at: https://zakon.rada.gov.ua/laws/show/2713-15#Text
The Decision of the Supreme Court dated March 31, 2021 in the case No. 640/21611/19. Available at: http://reestr.court.gov.ua/Review/96015808
Shkuta, O. O. (2016). Definition of the penitentiary system as an element of the criminal-executive doctrine. Scientific Bulletin of the Uzhhorod National University, Vol. 37, p. 79–83.
Sophie van der Valk S., & Rogan M. (2021). Experiencing human rights protections in prisons: The case of prison monitoring in Ireland. European Journal of Criminology, Vol. 18(1), p. 101–119. DOI: https://doi.org/10.1177/1477370820960024
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of 62 MPs of Ukraine regarding compliance with the Constitution of Ukraine (constitutionality) of the Decree of the President of Ukraine "On Early Termination of Powers of the Verkhovna Rada of Ukraine and Calling Early Elections" dated 20.06.2019. Available at: https://zakon.rada.gov.ua/laws/show/v006p710-19#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights on the compliance with the Constitution of Ukraine (constitutionality) of the eighth paragraph of part one, paragraph 5 of Article 11 of the Law of Ukraine "On Police" dated 06/29/2010 No. 17-рп. Available at: https://zakon.rada.gov.ua/laws/show/v005p710-05#Text
The Decision of the Constitutional Court of Ukraine in the case on constitutional petitions of the Supreme Court of Ukraine and 50 MPs of Ukraine regarding compliance with the Constitution of Ukraine (constitutionality) of provisions of paragraphs three and four of item 13 of Section XV "Final Provisions" of the Law of Ukraine "On Compulsory State Pension Insurance" and official interpretation of provisions of part three of Article 11 of the Law of Ukraine "On the Status of Judges" (case on the level of pension and monthly lifetime allowance) No. 8-рп/2005 dated October 11, 2005. Available at: http://www.ccu.gov.ua/docs/519
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of the Supreme Court of Ukraine on the compliance of (constitutionality) of the provisions of of Article 69 of the Criminal Code of Ukraine (case on imposition of a lighter sentence by a court) dated November 2, 2004. No. 15-рп/2004. Available at: https://zakon.rada.gov.ua/laws/show/v015p710-04#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional petition of the Supreme Court of Ukraine on the constitutionality of the provisions of part three of Article 120 (constitutionality) of the provisions of part 3 of Article 120, part 6 of Article 234, part 3 of Article 236 of the Criminal Procedure Code of Ukraine (case on consideration by the court of certain decisions of the investigator and prosecutor) No. 3-рп/2003 dated January 30, 2003. Available at: https://zakon.rada.gov.ua/laws/show/v003p710-03#Text
The Decision of the Constitutional Court of Ukraine in the case on the constitutional appeal of the Association "House of Music Authors in Ukraine" regarding the official interpretation of the provisions of paragraph 7 of part 1 of Article 5 of the Law of Ukraine "On Court Fee" in relation to the provisions of paragraph "d" of part 1 of Article 49 of the Law of Ukraine "On Copyright and Related Rights" dated November 28, 2013 No. 12-рп/2013. Available at: https://zakon.rada.gov.ua/laws/show/v012p710-13#Text
Treaty establishing the European Community (Treaty establishing the European Economic Community): International document dated March 25, 1957. Available at: https://zakon.rada.gov.ua/laws/show/994_017#Text
Yagunov, D. Reform of the penitentiary system of Ukraine (2015 – 2020): quidquid agis, prudénter agas et respice finem. Available at: https://www.yagunov.in.ua/prison-reform-2015-2020
This work is licensed under a Creative Commons Attribution 4.0 International License.