Legal ideology of Ukraine in the context of contemporary challenges.
Boginich O. Legal ideology of Ukraine in the context of contemporary challenges.
In the article the problems of legal ideology in light of the events that occurred in Ukraine during the revolution of dignity. Disclosed a separate cause from the scope of legal ideology that led to these events.
In the context of the investigated ideologeme "development state" and the principle of legality in its controversional with the principle protagonist. It is alleged that the ideologeme "restructuring the state" has a specific negative potential – opportunities for abuse by officials of their powers. Examples from the practices of state bodies of Ukraine for the past 25 years.
In a similar vein, consider the shortcomings of the implementation of the principle of legality in activity of state implementation of the principle of legality in activity of state bodies, particularly the courts. Discusses specific examples of the defectiveness of certain laws, implementing regulations which leads to the violation of the constitutional rights of citizens of Ukraine. Note the special danger to the natural rights of the citizens of changes in individual procedural codes (Code of administrative procedure and Civil procedural code of Ukraine), which took place during the tenure of former President. Yanukovych. It is on the right of the judge - Rapporteur the court of cassation to refuse the Complainant in consideration of his cassation complaints against decisions of judges of first and second instance without consideration by the court only on the basis of their personal decisions.
In connection with the foregoing, the conclusion about the need second instance without consideration by the court only on the basis of their personal decisions.
In connection with the foregoing, the conclusion about the need to change the principle of legality the principle protagonist, which refers to the supremacy of human rights over the right of the people of the state. The abovementioned change will not result in a violation of the competence of the constitutional court of Ukraine. The legal basis of this conclusion will be made by the article 3 of the Constitution of Ukraine, article 6 of the law of Ukraine "On judicial system and status of judges", article 8 of the Civil procedure code of Ukraine, article 4 of the Economic procedural code of Ukraine, article 8 of the criminal procedure code of Ukraine, art. 7 of the Code of administrative procedure of Ukraine). Include recommendations from the subordination of state to civil society, to overcome the contradictions between the principle of legality and protagonist in the activities of state bodies.
Keywords: legal ideology, the development of the state, the principle of legality, the principle protagonist.