Journal article Open Access
Vasyl P. Orieshkin
The article is devoted to disclosure of the essence the fundamental principles of law such as legality and the rule of law in the sphere of administrative justice. Significant changes in the procedural legislation of Ukraine contributed to the actualization of the issues of the principles of the administration of justice. A significant impetus to reform was the direction of our state to the European community. The purpose of such changes is to improve and bring Ukrainian legislation in line with international European standards. The Convention and the practice of the European Court of Human Rights as a source of law require an understanding of such general principles as the rule of law and legality.
In order to understand the nature of each principle as an independent, fundamental in the article, the content of the rule of law and legality is considered separately in view of their definition in the context of national and international law. It is emphasized the importance of applying each of these principles in procedural law.
The author turns to the historical retrospective of the delimitation of these principles at the theoretical level.
In order to understand better the correlation of these principles at the level of national legislation, the understanding of these principles in other normative-legal acts of Ukraine (in addition to the Code of Administrative Procedure), the decisions of the Constitutional Court of Ukraine, the Supreme Court, international legal acts, decisions and interpretations of the European Court of Human Rights and separately the Venice Commission's conclusion are devoted to the rule of law principle.
The article describes the criteria for determining the state of observance of these principles at the level of national legislation and the practical aspect of this issue on the example of the legislation of other countries such as Libya, Belarus. In these examples the author emphasizes the importance of understanding these principles of law and the need to understand the relationship between them.