SUPREMACY OF LAW AS A FUNDAMENTAL CONSTITUTIONAL PRINCIPLE OF LEGISLATIVE ACTIVITY

Abstract

The article is devoted to the current problem of implementation in Ukraine the constitutional principle of the supremacy of law in the legislative sphere. The author made a theoretical and legal analysis of this principle in this area, the essence, content and form of “legal law”. The article notes that the insufficient and sometimes low level of the quality of legislation negatively affects the effectiveness of the law. It has the potential and real risks of human rights violations, which in fact are the only criterion for checking the legislation for compliance with the principle of the supremacy of law – a fundamental constitutional principle that is recognized and operates in Ukraine. The author emphasizes that despite the different doctrinal approaches to the interpretation of the rule of law “element-by-element”, “integral”, etc.), it occupies a fundamental place in the constitutional legal field. The supremacy of law is one of the main criteria of constitutionality of laws, so the state of the implementation of the supremacy of law in legislative activity plays an important role in legal assessment on their constitutionality. The analysis showed that the generalized meaning of the principle of “supremacy of law” in the field of legislative activity is disclosed primarily through category of legal in content and form of law. That means that the action of the principle the supremacy of law is aimed at adoption in accordance clearly regulated procedure of legal laws, the content and objectives of which are determined by human rights. It is concluded that the supremacy of law is binding the state to recognize natural human rights as attributive properties of individuals, adhere to and protect them. It is human rights that are the limits of public power and its discretion, which (boundaries) can not be overcome without losing the risk of their legitimacy.