Tartasiuk V. Actualization of the humanistic potential of law in the creation of the rule of law

The dissertation is devoted to a comprehensive scientific and theoretical justification of the actualization of the humanistic potential of law in creating a legal state, understanding the problem of improving the functioning of various aspects of legal reality through the formation of a humanistic legal consciousness and the legal culture of man and society. The legal state is defined as a special state of the organization of state power in civil society. It arises in the context of the achievement in it of a high level of legal culture of its representatives. It provides for the realization by the State of its functional purpose on the basis of the rule of law, the separation of powers, the recognition and realization of the rights and freedoms of man and citizen, as well as the mutual responsibility of the State and person. It is emphasized that the legal state is the most favourable space for realizing the humanistic potential of law. The humanism of law in the legal State is manifested in law-making, law enforcement, the existing human-centring system for the implementation of penalties, the amount of rights and freedoms guaranteed to a citizen by the authorities. The discovery of humanism in the legal systems of developed countries of the world has been investigated. It is noted that humanism is not a universal, unconditional value for all people and eras, it functions unevenly, from zero to the highest degree of development. It must be said that the main function of humanism is to ensure the existence and development of humanity through the legal incorporation of humanist values in international instruments. It is true that the categories of freedom, equality and justice as the basic existences of the humanistic potential of law are interrelated phenomena. The principle of formal equality is the unity of three essential characteristics of law: a universal equal measure of regulation, freedom and justice. Universal equality is an equal measure of freedom and justice, and freedom and justice are not possible beyond equality and without equality. A legal understanding of freedom is defined as the essence of a person and his existing. It consists in the ability to do everything that is not explicitly prohibited by law and does not harm others. Freedom in law cannot be absolute; it is always limited to a certain extent. The essence of the right is an equal measure of the freedom of individuals, determined by law, realized through subjective rights. This causes a high social significance of the fight since the guaranteed possibility of self-realization, freedom of the free development of the individual is one of the main universal values. It was emphasized that in modern conditions there are significant transformations in interstate relations towards an increase in inhumane manifestations. This reinforces the need for the persistent realization of the human-centring essence of law. The need for the implementation of the human rights principle in the legal State, which should be manifested at all stages of law-making and enforcement has been demonstrated, ensuring an integrated approach to the democratization of the legal system