The Rule of Law as a Fundamental Principle of State Policy in the Sphere of Internal Affairs

Abstract

The formation of state policy, also in the sphere of internal affairs bodies, as a separate system in the structure of state apparatus, must be carried out on the basis of appropriate principles that provides the unity, purposefulness and effectiveness of this policy in various spheres of public life. Therefore, the activity of the internal affairs bodies requires constant attention with the aim to determine its conformity to social needs, also the needs of reform. In connection with this the issues about coverage of main ideas, principles of underlying of one of the branches of power are rising up. Legal reform, that last for a few years, must be based on the principles, which were proved by the legal practice, including the principle of rule of law, as a fundamental base of internal affairs bodies activity. Principles of state policy formation in the sphere of internal affairs enshrined in the Development strategy of internal affairs authorities of Ukraine and the Concept of priority measures reforming of the Ministry of internal affairs system, approved by the Cabinet of Ministers of Ukraine. In the context of the conducted research there is an actual question regarding to the details of the existence of the principle of rule in law in the field of activity of internal affairs bodies. That is why, firstly we must apply to the coverage of the content of the term «principles», and also refer to the scientific discussion regarding the understanding of the principle of the rule of law. Exploring the scientific positions of different scholars, the author notes the necessity of legislative consolidation of the refered principle, also he turns to the analysis of the text of the Basic Law of Ukraine – the Constitution. The principle of the rule of law is the basis for the functioning of the another principle of the rule of legal act, which is based on part 2 of article 8 of the Constitution of Ukraine, which proclaims that the Constitution of Ukraine has the supreme legal force. Laws and other regulatory legal acts accepted on the basis of the Constitution of Ukraine and must conform to it. Item, in the scientific literature under the principle of the rule of laws understand the principle, according to which the law has supreme legal force on all other legal acts and sources of legal rights.