THE RULE OF LAW AS A FUNDAMENTAL PRINCIPLE OF THE MODERN LEGAL SYSTEM OF UKRAINE

Abstract

Introduction. For modern Ukraine, the rule of law has not merely an abstract doctrinal meaning but also a practical one, since this principle serves as the basis for assessing the limits of state interference with human rights, the consistency of judicial practice, the admissibility of discretion under martial law, and the capacity of the legal system to meet the criteria for accession to the European Union.

Purpose. The purpose of the article is to provide a comprehensive scientific and legal analysis of the rule of law as a fundamental principle of the modern legal system of Ukraine, to clarify its normative content, judicial concretization, and implementation challenges, as well as to compare the national approach with EU criteria and the case law of the European Court of Human Rights.

Materials and Methods. The research is based on the analysis of the Constitution of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law,” the Updated Rule of Law Checklist of the Venice Commission, decisions of the Constitutional Court of Ukraine from 2024–2025, resolutions of the Supreme Court from 2025, judgments of the European Court of Human Rights from 2025–2026, the 2024 European Commission Report on Ukraine, as well as contemporary scientific publications from 2024–2026. The study employs formal-legal, comparative-legal, systemic-structural, hermeneutic, and logical-legal methods.

Results. It is substantiated that the main problem of the Ukrainian legal order lies not in the absence of normative consolidation of the rule of law, but in the gap between the constitutional formula of this principle and the quality of its institutional implementation. Five key risk areas are identified: inconsistency of judicial practice, problems with the enforcement of court decisions, excessive discretion of public authorities, legal uncertainty during wartime, and the insufficiently systematic application of ECHR standards and EU criteria in national law enforcement practice. It is proven that the European approach transforms the rule of law from the level of an abstract value into the sphere of verifiable institutional criteria.

Prospects. Promising directions for further research include the study of procedures for departing from the established judicial practice of the Supreme Court, legal mechanisms for the enforcement of decisions of national courts and the ECtHR, as well as instruments for the preliminary review of draft laws for compliance with the requirements of the rule of law under conditions of martial law and European integration.