Protection of human rights in the context of the development of the rule of law principle: the international aspect

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PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF THE DEVELOPMENT OF THE RULE OF LAW PRINCIPLE: THE INTERNATIONAL ASPECT

Oleh M. Omelchuk Department of Criminal Law and Procedure Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnitskyi, Ukraine, Svitlana D. Hrynko Department of Civil Law and Procedure Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnitskyi, Ukraine, Alla M. Ivanovska Department of Constitutional, Administrative and Financial Law Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnitskyi, Ukraine, Anna L. Misinkevych Department of Labor, Land and Commercial Law Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnitskyi, Ukraine, Viktoriia V. Antoniuk Department of Constitutional, Administrative and Financial Law Leonid Yuzkov Khmelnytskyi University of Management and Law Khmelnitskyi, Ukraine 

Abstract

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General's annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “ World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Keywords: principles of law, rule of law, international disputes, human rights, access to justice

Анотація

Захист прав людини в контексті формування принципу верховенства права: міжнародний аспект. Олег Миколайович Омельчук, Кафедра кримінального права та процесу Хмельницький університет управління та права імені Леоніда Юзькова, Хмельницький, Україна. Світлана Дмитрівна Гринько. Кафедра цивільного права та процесу Хмельницький університет управління та права імені Леоніда Юзькова, Хмельницький, Україна Алла Миколаївна Івановська, Кафедра конституційного, адміністративного та фінансового права Хмельницький університет управління та права імені Леоніда Юзькова, Хмельницький, Україна. Анна Леонідівна Місінкевич, Департамент трудового, земельного та господарського права Хмельницький університет управління та права імені Леоніда Юзькова Хмельницький, Україна. Вікторія Володимирівна Антонюк, Кафедра конституційного, адміністративного та фінансового права Хмельницький університет управління та права імені Леоніда Юзькова, Хмельницький, Україна

Охарактеризовано закріплення принципу верховенства в міжнародних документах. Встановлено, що верховенство права в роботі ООН стало темою постійного обговорення. Значну активізацію придбало з 2007 року, затвердившись як одна з найбільш важливих сфер діяльності організації. В документах ООН верховенство права визначається як принцип або як сфера діяльності Організації і країн-членів. Діяльність в області верховенства права Генеральний секретар ООН у доповіді розділяє на три сектори: верховенство права на міжнародному рівні, верховенство права в контексті конфліктних і постконфліктних ситуацій, верховенство права в контексті довгострокового розвитку. У щорічних доповідях Генерального секретаря ООН продовжено спрямування зусиль із сприяння верховенству права на національному і міжнародному рівнях. Діяльність і документи ООН засвідчують, що зміцнення верховенства права на міжнародному рівні неможливо без заохочення, дотримання і здійснення міжнародних договорів, вирішення суперечок мирними засобами, а також захисту прав людини, які мають нерозривний зв'язок з принципом верховенства права. Зазначено сфери діяльності, які зміцнюють верховенство права. Проаналізовано зміст резолюцій «Верховенство права на національному і міжнародному рівнях», за результатами узагальнення змісту і спрямованості сесій Генеральної Асамблеї протягом останніх п'ятнадцяти років, визначено напрями діяльності в цих рамках. Верховенство права визнається одним із засадничих принципів європейської спільноти та закріплено у її регіональних актах. Визначено елементи принципу верховенства права за результатами узагальнення практики ЄСПЛ. Встановлено, що саме в європейському регіоні велику роль у формуванні і тлумаченні концепту верховенства права відіграє його судова інтерпретація, яка здійснюється двома міжнародними судовими установами: ЄСПЛ і Європейський суд справедливості. Верховенство права отримало представлення в роботі Організації по безпеці і співпраці в Європі (ОБСЄ), грає істотну роль в просуванні і захисті прав людини. Значний вклад в розвиток нормативних положень реалізації принципу верховенства права на міжнародному рівні зроблено Міжнародною неурядовою організацією «World Justice Project», яка розробила в 2010році індекс верховенства права. Охарактеризовано показники виміру індексу верховенства права в державі та проведено їх аналіз в динамці на міжнародному рівні і розподіл індексу верховенства права по факторам в Україні

Ключові слова: принципи права, верховенство права, міжнародних суперечки, права людини, доступ до правосуддя

supremacy international national assembly

Introduction

The principle of the rule of law and human rights are closely interrelated. Without respect for human rights, the rule of law will have no meaning and will be meaningless. Moreover, the rule of law can only be fully implemented if human rights are respected. In turn, it is the observance of the rule of law principle that ensures the protection and development of human rights. Moreover, some human rights cannot exist without the rule of law and are interrelated concepts, such as the fairness of the court and freedom of expression. Historically, the rule of law has developed as a means of limiting the power of the state (government). Human rights were seen as a means of protection against encroachment by the holders of this power (so-called “negative rights”). The rule of law is a universal principle, has international legal practice and the practice of individual regions of the world (EU), as well as wide application at the national level.

The rule of law creates a criterion for assessing the quality of human rights law. Legal provisions at any level (national, international) must be clear and non-discriminatory, applied by independent courts and have procedural guarantees. The principle of the rule of law has been studied by many well-known scholars from various fields of law, both Ukrainian: A. Volchenko [1], VV Mikhailenko [2], N.M. Onishchenko [3], S. Shevchuk [4], Yu. S. Shemshuchenko [5], and foreign scientists: D.V Krasikov [6], N.M. Lipkina [7] and others.

The direct interrelation between the principle of the rule of law and human rights has been investigated by such Ukrainian scholars as S. Holovaty [8; 9], M. Koziubra [10], I.A. Malyutin [11], VF. Nesterovych [12], R.O. Padalka [13], O.V Sachko [14], V. Tertyshnyk [15], M.H. Khaustova [16], S.O. Yakymchuk [17], as well as foreign: N.V Varlamova [18], L.G. Loucaides [19]. All these scholars point to the inseparability of the rule of law principle and human rights. Thus, I.A. Maliutin [11] proposes to interpret this principle as the predominant priority of human rights and freedoms in society. Notably, international organisations have also published numerous studies on these issues and provided assistance in their publication [20; 21]. O.V. Petryshyn [22]. emphasises the dominant role of the judiciary in the mutual application of this principle in human rights protection.

However, despite considerable attention to this issue, the problem of implementing the rule of law through the lens of human rights protection in legal doctrine has not yet become widespread in the scientific achievements of scientists.

Materials and methods

Analytical and legal methods of analysis served as the methodological basis of the research. General scientific and special methods are used. The study investigates the main provisions of the legal framework at the international, national level, and in some regional zones. The applied methodology allowed to develop the main directions of optimising the application of the rule of law and its implementation in the national legal system. The methods used allowed to obtain reliable and substantiated conclusions and results. As one of the main methods of analysis, this study employed the comparative method, which allowed to compare the domestic practice of implementing this principle in the process of human rights protection with the legal framework for regulating the object of study in the European Union and internationally.

At the theoretical level of the analysis, a study of the main provisions of the legal framework for the regulation and implementation of the rule of law in the protection of human rights at the international, foreign, and national levels. The descriptive method allowed to present the results of the study in a logical sequence. Methods, synthesis, analogy, system, classification, and analytical methods were also used during the research. The normative method was used to analyse aspects of issues that arise in the framework of the implementation of measures of legal regulation of human rights in the context of the rule of law. The application of the analytical method allowed to draw conclusions about the level of consideration of the recommendations of the UN, the Council of Europe and other international organisations in the national legislative system [23].

The method of synthesis allowed to solve the research problems through its application to primary sources on this issue. The application of the analytical method to these primary sources allowed to make recommendations regarding the implementation of the provisions of European and international legislation into the national legal system; highlight the main areas of experience in its application in the process of human rights protection and the compliance of national systems with the international base and case law in the EU. Methods of induction and deduction are used to analyse the content and structure of legislative texts, the characteristics of legal provisions in the context of the subject matter. In the process of analysis, the historical method was used, which allowed to study the process of development of the principle of the rule of law in rule-making and legal doctrine at different levels. The genetic method allowed to identify stages in the evolution of the rule of law and the system of protection of human rights, to establish their sequence in time and to trace how and under the influence of which factors the provisions governing them changed. Due to the structural-functional analysis it was possible to consider the features of the structural organisation of modern institutions that implement and apply the rule of law and protect human rights and control over their observance, their interaction with each other and with other institutions, the activities of which concern these issues to some extent, as well as to systematise information on the effectiveness of their operation both in Ukraine and abroad, and at the international level. To achieve this goal, a system of methods of cognition of social and legal phenomena was also used, as the development of a legal mechanism for the implementation of international and foreign law in the domestic legal system is a complex problem.

Results and discussion

The principle of the rule of law is widely enshrined in international instruments. Thus, the importance of the rule of law is emphasised in the Preamble to the Universal Declaration of Human Rights, which states that the purpose of this document is to ensure that human rights are protected by the rule of law in order to ensure that people are not forced to resort to tyranny and oppression. The implementation of the rule of law has been widely used in the activities of the UN, a number of European organisations (EU bodies, the Council of Europe, the Organisation for Security and Cooperation in Europe) and in some non-governmental organisations (e.g. the International Justice Project).

The rule of law in the work of the UN has been the subject of constant discussion, it has gained considerable momentum since 2007, establishing itself as one of the most important areas of the organisation. Although the rule of law is not explicitly enshrined in the UN Charter, the text of its preamble contains provisions that are inconsistent with this principle: “to create actions in which justice and respect for the obligations arising from treaties and other sources of international law”; “to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that may lead to a breach of peace”¹. These provisions contain the pacta sunt servanda principle and the principle of peaceful settlement of international disputes, compliance with which is an important condition for the exercise of the rule of international law.

An indication of this principle dates back to the middle of the 20^th century - from the analytical analysis of the content of the preamble of the Universal Declaration of Human Rights Preamble to the UN Statute. (1945). Retrieved from https://www.un.org/ru/sections/un-charter/preamble/index.html. General declaration of human rights. Resolution of the UN General Assembly dated 10th June 1948, 217 A (III). (1948, December). Retrieved from https://zakon.rada.gov.ua/laws/show/995_015#Text. United Nations Millennium Declaration. General Assembly resolution 55/2. (2020, September). Retrieved from https://zakon.rada. gov.ua/laws/show/995_621#Text. Resolution 60/1. General Assembly of the United Nations. 2005 World Summit Outcome Document. (2005, October). Retrieved from http://docs.cntd.ru/document/902131568., which is considered the first act of the International Bill of Human Rights. The reference to it follows from this text: “it is necessary that human rights be protected by the rule of law”. There is good reason to believe that it is the duty of the rule of law to protect human rights by law. Its importance is directly indicated in the UN Millennium Declaration of 20003, which reflects the intention of Member States to strengthen universal respect for the rule of law in international and domestic affairs. It is stated that the UN should promote the provision of three fundamental freedoms in order to promote human rights and the rule of law:

- freedom to tackle problems related to peace and security without fear;

- freedom from need to ensure further development;

- freedom to live in decent human conditions.

In 2005, Resolution 60/14 of the Heads of State and Government enshrined the need to uphold and apply the rule of law at the national and international levels and reaffirmed the direction of the international order on the rule of law. This document launches a mechanism for the annual preparation by the UN Secretary-General of reports on strengthening and coordinating UN activities to establish the rule of law. The document also contributed to organisational change, including the establishment of a Rule of Law Unit in the UN Secretariat, the Rule of Law Coordination and Resource Group. At the same time, if the previous document defined “rule of law” as a principle, then this document defines it as the scope of the UN and member countries. Since the adoption of this resolution in 2005, the issue of the rule of law has become permanent on the agenda of the annual session of the UN General Assembly. This principle has been widely used in resolutions adopted by the UN General Assembly since 2005, as well as in the annual reports of the UN Secretary-General on the rule of law at the national and international levels.

Thus, in pursuance of the task of the Final Document of the 2005 World Summit, the UN SecretaryGeneral presented this report in 2007 on the comments and information received from governments. The report presents the views of the governments of Austria, Egypt, Finland, France, Germany, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Liechtenstein, Mexico, the Netherlands, Qatar, Sweden, and the United States. The general focus of these countries is to strengthen the rule of law as one of the key elements of the prosperity of the world. In their opinion, strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights, which are inextricably linked to the rule of law. States have supported the right of the Security Council to transfer situations to the International Criminal Court, as they see this as strengthening the rule of law. In 2006, the UN Secretary-General divided rule of law activities into three sectors in his report (Table 1).

Subsequent annual reports of the UN SecretaryGeneral continue to focus efforts on promoting the rule of law at the national and international levels. The objects of attention of these reports are the issues of codification, development, and implementation of the international base of provisions and standards, the activities of international and mixed courts and tribunals and non-judicial mechanisms for resolving disputes in the international arena.

The Report “Strengthening and coordinating the activities of the United Nations in the field of the rule of law” Supplement by the UN Secretary General A/63/226 «Amendments and coordination of UN action in the sphere of the rule of law». (2008, August). Retrieved from https://undocs.org/enZA/63/226., which covers a list of means and ways to implement the rule of law, also deserves to be mentioned. Assistance in the field of the rule of law extends to more than 110 countries in different regions of the world, is to promote judicial reform, implementation of national strategies in the field of law, the development of security and fair justice, protection of human rights. This report also lists areas of activity that strengthen the rule of law (Figure 1).

Table 1 - Rule of law sectors¹

Figure 1. Areas of activity that strengthen the rule of law Report of the Secretary-General “Consolidating our strengths: revitalizing United Nations efforts to promote the rule of law” (Л/б1/636^л/2006/980). (2006, December). Retrieved from https://undocs.org/ru/SZ2006/980. Ibidem, 2008.

In the appendices to this report, the UN SecretaryGeneral reaffirms the relationship between the rule of law and human rights Report of the Secretary-General “Strengthening and coordinating United Nations rule of law activities, addendum”. (2014, July). Retrieved from http://www.un.org/ruleoflaw/files/94198_A-68-213-Add.1.pdf.. The Secretary-General further stated in the report that the results of the rule of law should not be assessed in isolation, but rather in the context of achieving broader development goals, promoting human rights and maintaining peace and security Report of the Secretary-General S/2013/341 “Assessing the effectiveness of support from the United Nations system in promoting the rule of law”. (2013, June). Retrieved from https://www.refworld.org.ru/docid/51f63c075b.html.. From the content of resolutions “Rule of law at the national and international levels” it is possible to define such directions of maintenance and protection of human rights in the context of development of the rule of law principle (Table 2).

Table 2 - Contents of resolutions “Rule of law at the national and international levels”

Source: generalised and systematised by the author

Notably, according to the results of the activities and cooperation of states and governments that have recognised the rule of law as important for international cooperation and play a huge role in strengthening international peace and security, human rights, and development, adopted the “Declaration on the Rule of Law on National and International Level” Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels. Resolution adopted by the General Assembly [without referral to the Main Committees (A/67/L.1)]. (2012, September). Retrieved from https://www.un.org/ru/documents/decl_conv/declarations/ruleoflaw2012.shtml.. Over the past fifteen years, based on the results of summarising the content and direction of the sessions of the General Assembly, one can identify the following areas of activity under the theme “Rule of law at the national and international levels”: - promotion of the rule of law at the international level; promotion and ensuring the rule of law at the national level; the laws and practices of the Member States in the implementation of international law; the rule of law and justice in transition in conflict and post-conflict situations; the rule of law at the national and international levels; the rule of law and the peaceful settlement of international disputes; exchange of national practical experience of states in the field of strengthening the rule of law by ensuring access to justice; strengthening the support provided to Member States for the implementation of commitments at national level; assistance in the field of the rule of law; the role of multilateral treaty processes in promoting and strengthening the rule of law; exchange of information on the national practice of states in the implementation of multilateral agreements; practical measures to facilitate access to justice for all, including the poorest and most vulnerable; ways and means of further disseminating international law to strengthen the rule of law.

The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. In particular, the Preamble to the Statute of the Council of Europe recognises the commitment of national governments to the spiritual and moral values that are the common property of their peoples and the true source of individual freedom, political freedom, and the rule of law. The Charter proclaims the principles that underpin democracy - individual liberty, political freedom, and the rule of law: “Each member of the Council of Europe must recognise the principle of the rule of law and the principle that all persons under its jurisdiction shall enjoy human rights and fundamental freedoms and cooperate sincerely and actively in the pursuit of the Council's objective set out in Chapter I. Failure by the Members of the Council of Europe to perform these obligations shall result in their exclusion from the Council”. “The Venice Commission recognises activities affecting the implementation of the rule of law as one of the priorities” Statute for the Sake of Europe. (1949, May). Retrieved from https://zakon.rada.gov.ua/laws/show/994_001#Text.. In the Rule of Law Report, the Venice Commission singled out the criteria proposed to be used to evaluate compliance with the rule of law Report on the Rule of Law. Approved by the Venice Commission at the 86th Plenary Session. (2011, March). Retrieved from https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2011)003rev-rus.: “compliance with the rule of law; legal certainty; prohibition of arbitrariness; access to justice; respect for human rights; equality before the law and non-discrimination”.

The preamble to the ECHR notes that the governments of the member states of the Council of Europe are determined, as the governments of European states, which are driven by a common aspiration and with a common heritage of political traditions, ideals, freedom, and the rule of law, to take the first steps to ensure the collective enjoyment of some of the rights proclaimed in universal declaration of human rights. The principle of the rule of law is enshrined in the Preamble and Article 2 of the Treaty on European Union as a universal value together with human dignity, freedom, democracy, equality, and respect for human rights. It is in the European region that its judicial interpretation, carried out by two international judicial institutions: the European Court of Human Rights and the European Court of Justice, plays an important role in shaping and interpreting the concept of the rule of law. In interpreting certain Convention rights, the ECtHR has repeatedly referred to the rule of law as a fundamental principle enshrined in the ECtHR's preamble, giving it substantive content in its practice. According to the results of generalisation of the case law of the European Court of Human Rights¹, one can distinguish the following elements of the principle of the rule of law [24] (Fig. 2).

Figure 2. Elements of the principle of the rule of law based on the results of generalisation of the case law of the European Court of Human Rights 

The preamble to the Treaty on European Union states that the rule of law, together with human rights, freedom, democracy, and equality, are universal values of the European Union. In accordance with paragraph 2 ofArticle 6 of the Treaties on the European Union, “fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they follow from the constitutional traditions common to the Member States, are part of European Union law as general principles” The former King of Greece et al. v. Greece, No. 25701/94. (2000, November). Retrieved from https://zakon.rada.gov.ua/laws/ show/980_007#Text. Treaty on the European Union. - Maastricht. (1992, February). Retrieved from https://zakon.rada.gov.ua/laws/show/994_029#Text.. The rule of law has been represented in the work of the Organisation for Security and Co-operation in Europe (OSCE). Thus, the Member States have developed international standards and adopted several documents aimed at achieving the efforts of the Office for Democratic Institutions and Human Rights (ODIHR): the Helsinki Final Act of 1975, the Final Document of the Vienna Meeting of 1986, the Vienna Document of the OSCE of 1989, The CSCE Copenhagen Document of 1990, the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, and many others. Structural bodies such as the ODIHR, the High Commissioner for Minorities and the Representative on Freedom of the Media play a critical role in ensuring respect for human rights, democracy, and the rule of law.

Thus, the rule of law in the work of the OSCE plays an essential role in the promotion and protection of human rights: “The rule of law, as recognised by the OSCE Member States, is not just a formal legality, but justice based on the recognition and full acceptance of the highest value of the human person and is guaranteed by the institutions that form the structures that ensure its fullest expression”¹.

The rule of law is implemented through transparent, accessible, impartial, and lawful activities of courts, prosecutors, lawyers, human rights defenders, independent courts, prosecuting authorities and other law enforcement agencies. At the same time, the judiciary is limited in its activities, as it does not have a judicial body, unlike the International Court of Justice at the United Nations or the European Court of Human Rights.

A significant contribution to the development of regulations on the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed the Rule of Law Index in 2010. This index evaluates the rule of law in the country by measuring the development of the legal system (Fig. 3).

Figure 3. Indicators of measuring the rule of law index in the state Source: systematised by the author

Nowadays, the index covers 128 countries and jurisdictions and is based on national surveys of more than 130,000 households and 4,000 legal practitioners and experts to measure how the rule of law is felt and perceived worldwide.

According to the results of the index in 2020, in each region, most countries have rolled back or remained unchanged in their overall rule of law. These trends have affected even Western Europe, which has some of the highest rates in the world. The downward trend is the third year in a row. Most countries have downgraded the overall rating. Congo, Cambodia, and Venezuela had the lowest overall scores - unchanged from 2019.

The first places were taken by Denmark, Norway, and Finland. For comparison, these countries have maintained their positions: in 2016, the top ten countries were Denmark, Norway, Finland, Sweden, the Netherlands, Germany, Austria, New Zealand, Singapore, and the United Kingdom.

In 2020, Ukraine ranked 72nd among 128 countries. Notably, there was a positive trend in a steady increase in the value of the rule of law index with its three-year preservation in recent years and further growth (Fig. 4). Report of the UN Secretary General to the 60th Session of the General Assembly “Implementation of the decisions set out in the 2005 World Summit Outcome document requiring action by the Secretary General”. (2005, October). Retrieved from https://digitallibrary.un.org/record/558714/files/A_60_430-RU. World Justice Project - Rule of Law Index. (2020). Retrieved from https://worldjusticeproject.org/rule-of-law-index/country/Ukraine.

Figure 4. Dynamics of the rule of law index in Ukraine¹

The distribution by factors for Ukraine is presented in Fig. 5. Thus, a negative trend in recent years is the decline in the rule of law in almost all jurisdictions, which has been going on for the third year in a row. The most noticeable decrease is in such an indicator as “limitation of the powers of government institutions”, which assesses the existing legal and institutional instruments in the country that allow to bring government officials to justice in accordance with the law. At the same time, the changes are not cardinal in nature and have a negligible pace.

Figure 5. Distribution of the rule of law index by factors for Ukraine¹

Article 8 of the Constitution of Ukraine recognised and enshrined the principle of the rule of law in Ukraine as mandatory. However, at the regulatory level, its boundaries and implementation mechanism are not defined. First of all, the implementation of the rule of law is aimed at ensuring the implementation of human rights by state institutions. Thus, the principle of the rule of law obliges the court to interpret legal provisions in a way that ensures the priority of human rights in deciding the case. Interpretation cannot restrict human rights and all decisions must be made to uphold and protect them.

Despite the application and consideration of the principle of the rule of law by courts of civil jurisdiction, which is carried out with consideration of the case law of the European Court of Human Rights, the Civil Procedural Code of Ukraine did not find direct consolidation until 2017. Considering this principle was provided by the draft amendments World Justice Project - Rule of Law Index. (2020). Retrieved from https://worldjusticeproject.org/rule-of-law-index/country/Ukraine. Draft Law of Ukraine No. 6232 «On the introduction of changes to the State Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Judicial Service of Ukraine and the other legislative acts». (2017, March). Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_17pf3511=61415., according to which the rule of law is recognised as the basic principle of civil proceedings, and Part 1 of Article 10 is worded as follows: “The court in the case is guided by the principle of the rule of law”, and Article 263 states that the court decision should be based on the principles of the rule of law. Unlike civil ones, in administrative proceedings, this principle has been applied since 2005 and is noted in the law - in deciding the case, the court is guided by the rule of law, according to which, in particular, human, their rights and freedoms are recognised as the highest values and determine the content and direction of the state Code of Administrative Judiciary of Ukraine: Law of Ukraine No. 2747-IV (2005, July). Retrieved from https://zakon.rada.gov.ua/laws/ show/2747-15#Text.. The principle of the rule of law is approved by the Constitutional Court of Ukraine as the rule of law in society [25]. It requires the state to implement it in law-making and law enforcement activities, in particular, in laws that must be permeated primarily by ideas of social justice, freedom, equality, etc Resolution of the Constitutional Court of Ukraine No. 15-rp/2004. (2004, November). Retrieved from https://zakon.rada.gov.ua/laws/ show/v015p710-04#Text..

Conclusions

Considering the importance and significance of the rule of law for democratically developing rule of law states, it has found wide regulation in many international regulations, interregional documents, and in the acts of individual states. The principle of the rule of law is recognised as one of the fundamental and inviolable ideals of modern democracies, which must be adhered to by all civil society institutions at all levels.

The analysis indicates that both the doctrine and international legal acts on human rights and the rule of law are interrelated in many respects and can be traced in the activities of the UN, EU, OSCE, Council of Europe, ECtHR, and domestic authorities. At the international level, the concepts, legal content, competencies of relevant institutions, areas of implementation and measures to strengthen the protection of human rights at the international, national and conflict situations and the implementation of the rule of law were defined.

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