Legality or rule of law in economic jurisdiction. Judicial practice

Abstract

The article analyzes the issue of using the principles of the rule of law and legality in modern legal doctrine, and also examines the specifics of the application of the principle of the rule of law in the practice of international and national courts.

Judicial practice in this direction was analyzed and the difference between the principle of the rule of law and the principle of legality was clarified using specific examples of judicial practice. The main difference between these principles is that the rule of law principle is currently leading not only in economic litigation, but also in any other, while the principle of legality guarantees the implementation of law.

The essence of the principle of the rule of law is that proceedings in commercial courts are regulated only by the norms of legal acts, namely the Constitution of Ukraine and the Commercial Procedural Code of Ukraine. In the national legal system of Ukraine, the rule of law is inseparable from the Constitution of Ukraine, therefore the definition of the rule of law principle in Art. 8 of the Constitution is to establish the highest legal force of the Constitution and define its norms as having direct effect. It is emphasized that the principle of the rule of law remains a leading topic of research by domestic and foreign scientists.

In today's conditions, it is noticeable that the fundamental principle of the judicial process in any democratic state is the principle of the rule of law, according to which the courts proceed from the fact that the law is "higher" than the law, and therefore the state is "bound" by the law, the power states are limited only by law; a person is the highest social value. As evidenced by the analysis of the judicial practice of the European Court of Human Rights, the Constitutional Court of Ukraine and the Supreme Court, at this stage judges actively apply the principle of the rule of law in practice.

It has been proven that judges should be guided by the principle of the rule of law when considering cases, since a decision made on the basis of the law can effectively protect the rights and legally protected interests of individuals and legal entities.

The opinion is argued that the application of the principle of the rule of law in economic procedural legislation, taking into account international and European standards, will create the conditions necessary for the unification and harmonization of legislation in accordance with international principles.