LEGALITY AND RULE OF LAW AS PRINCIPLES OF PUBLIC ADMINISTRATION

Abstract

The purpose of the article is the scientific and theoretical substantiation of legality and the rule of law as principles of public administration and providing proposals for improving the principles of their implementation. One of the causes of problems in the implementation of public administration is the disregard of the principles of legality and the rule of law, and in some cases, the impossibility of applying the latter due to the imperfection of the legislation. The scientific and theoretical substantiation of the principles of legality and the rule of law, the formulation of proposals for improving the principles of their implementation in public administration are extremely relevant. To achieve the goal, general scientific and special research methods were used. In particular, with the help of: system analysis, legal gaps and legal conflicts in the legislation of Ukraine were identified; generalization – the powers of the President of Ukraine, which provide for his intervention in the formation and functioning of branches of state power, are systematized; abstract-logical method – a theoretical generalization of the understanding of the principles of legality and the rule of law was carried out; of the empirical-inductive method – the contradictions and problems of implementing the principles of legality and the rule of law in public administration, etc., are highlighted. The theoretical foundations of the principles of legality and the rule of law in public administration were studied and their definitions were summarized. It was concluded that the studied principles are independent, as they have individual characteristics. Legal gaps on legal conflicts in the legislation of Ukraine were identified and highlighted. It is proposed to improve the legal status of the President of Ukraine by interpreting the legal category «The President as a guarantor of the observance of the Constitution of Ukraine, rights and freedoms of man and citizen» in the Constitution of Ukraine. Attention is focused on the fact that legality must be fair and up-to-date. The role of the idea of equality before the law in the practical value of the principle of the rule of law is noted. The principles of the rule of law and the rule of law are differentiated. Summarizing the research, the need to overcome legal gaps and legal conflicts in the legislation of Ukraine was noted, which will create the foundations for the effective implementation of the principles of legality and the rule of law in public administration. One of the directions of further research is the comparative characterization of individual characteristics of the principles of legality and the rule of law in public administration.