Reminska Y. Rule of Law principle in the international lawmaking (aspects from legal theory)

As indicated in title, this thesis is entirely devoted to the comprehensive theoretical and legal analysis of the rule of law development in the context of legal globalization and intensive law-making processes that have come about on the international scene. It is based on the key achievements of domestic and foreign science, as well as the relevant practice of international organizations (the UN, the EU and the ECtHR). Thus, the overall purpose of this thesis is to reveal the patterns of implementation of the universally recognized rule of law standards directly into the national legal systems, namely, the Ukrainian one. The Introduction covers the questions that are vital for the central part of the investigation, thus creating indispensible scientific benchmark for the author’s subsequent «academic quest». In the framework of Chapter I, «Theoretical and methodological foundations for the investigation of the rule of law principle», the attention is essentially drawn to: 1) the current level of doctrinal legal developments in the rule of law field; 2) the existence of several paradigms in the functioning of the rule of law concept (depending upon the specific level of legal reality); 3) the rule of law examination as a legal construct. Chapter II «Development of the rule of law standards in international lawmaking» focuses predominantly on: 1) the role of international lawmaking in the development of universally recognized rule of law standards; 2) the legislative activity of such international organizations as the UN and the EU in the field of improving certain elements of the investigated principle; 3) the functional impact of the ECtHR’s lawmaking practice on the dynamics of rule of law’s legal structure. Chapter III “Implementation of the rule of law international standards into the national legal systems” is of practical nature and addresses the issues primarily related to: 1) the interaction between all levels of the global legal system which is considered to be the basis for the implementation of the certain rule of law standards; 2) the features and specifics of the implementation of these standards directly into the state’s legal system; 3) the reformation of the domestic legal system with the aid of universally recognized rule of law standards. To summarize, it is emphasized critically that in the context of rapid legal globalization, there is a pressing need for rethinking and searching for the doctrinal approaches to the qualitatively new aspects in the development of the rule of law legal construct. Therefore, in the Conclusions, the author offers generalized theoretical and practical recommendations on how to resolve the issues outlined in the Introduction. Thus, the results of the current Ph.D. thesis can be used to develop a specialized training course, as well as relevant conceptual ideas can be elaborated in Ukrainian lawmaking and law enforcement practices.