Rule of Law in the Context of Ukraine’s European Integration: Challenges and Implementation in Criminal Justice
Rule of Law in the Context of Ukraine’s European Integration: Challenges and Implementation in Criminal Justice

Summary/Abstract: The relevance of this topic arises from the challenge of ensuring the rule of law, especially in criminal justice, amid Ukraine’s candidate status for membership in the European Union. The national legal doctrine still faces uncertainty about the essence of this concept and its role in practical legal relations. The purpose of the article is to ascertain whether the rule of law is a genuine principle underpinning criminal justice or rather a strategic goal pursued by law enforcement and courts in the course of reforms and alignment with European standards. This inquiry was conducted through historical-legal and comparative analyses, examination of legislative acts and their enforcement, as well as a critical review of scholarly works addressing the impact of positivist traditions on understanding the rule of law in Ukraine. The findings reveal that formally recognizing the rule of law in the Constitution and legislation is not matched by its proper implementation. Residual Soviet positivism constrains its perception to a merely declarative norm. Additionally, the lack of a clear distinction between principle and goal hinders effective application in criminal proceedings. Based on the study, to enhance the rule of law in criminal justice, it is proposed to overcome legal formalism, update educational programs, and strengthen the role of natural law in legal practice. These measures will help establish a genuine foundation for the rule of law, making it an integral part of criminal justice and a key element in Ukraine’s successful European integration.

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