Pogrebnyak S. Fundamental principles of law

The work covers the research on fundamental principles of law, their normative substance, and means ensuring their implementation in a legal system. A group of fundamental principles is distinguished in the system of general law principles. The features of fundamental principles of law are analyzed and the grounds for obligatory reference to the principles of law during law enforcement are systematized. A detailed analysis is made in respect of the substance of such fundamental principles as justice, equality, liberty and humanism. It is demonstrated the objective, subjective, formal, substantive and procedural justice in law. It is defined the substance of the present principle of equality as differencing equality with the opportunity of positive actions. It is proved a close connection between law and negative and positive liberty. It is underlined a tendency on growing of significance of the principle of humanism in modern law. It is examined the rule of law as deriving from fundamental principles of law. As a valuable combination of these ideas, the rule of law generates the appropriate image of legal system and determines the conditions which make it possible to transform this image into reality. The principles of legal certainty and proportionality are determined as objective guarantees for existence of the rule of law, and the principle of good faith is determined as its subjective condition.