Yevtoshuk Y. The principle of proportionality as a necessary component of the rule of law.

The thesis is devoted to the complex research of the principle of proportionality as an essential component of the rule of law. Historical development of the principle of proportionality in various times, its relation with equity, human rights and freedoms, doctrines of the rule of law and a law-based state are researched. The content and areas of application of this principle in legal practice and law in general are revealed, which gives grounds to substantiate its basic features and aim. Based on the German concept of proportionality the requirements and criteria of the principle of proportionality in the field of lawmaking and law enforcement are classified. Specific shortcomings of application of this principle by both the legislator and the law enforcement bodies related to their failure to observe it are examined. Attention is also drawn to the requirements of the principle of proportionality to the implementation of discretionary powers by public authorities. Areas, trends, and shortcomings of application of the principle of proportionality in the jurisprudence of the Constitutional Court of Ukraine, and domestic courts of general jurisdiction, are also analyzed.