Value of the European understanding of the rule of law for the development of the modern democratic state: Theoretical and historical aspect

Abstract

The purpose of this study was to investigate potential ways to improve the legal system of Ukraine using European standards and practices. The study analysed the history of the rule of law in Europe, compared legal systems, studied legal reforms in Ukraine, analysed statistical data, and identified the principal issues of the Ukrainian legal system. It was found that although Ukraine has made great strides towards preventing corruption since independence, the countryʼs legal system still requires considerable changes. It was also found that the current state of the European rule of law shows mixed trends. On the one hand, countries such as Denmark, Norway, Finland, Sweden, and Germany continue to hold the top positions in global rankings of the rule of law and anti-corruption measures, showing stable results in terms of protection of fundamental rights, law enforcement, and compliance with the law. On the other hand, countries such as Poland and Hungary have begun to demonstrate considerable levels of corruption and political instability, continuing to occupy low positions in global rankings. It was established that the greatest influence on the development of the modern Ukrainian democratic state from the standpoint of the European understanding of the rule of law was exerted by Germany, specifically its experience in reforming the legal system after the Second World War; Sweden, namely, the models of transparency and public control; Finland and Denmark with their approaches to law enforcement and compliance with laws, as well as anti-corruption measures. Furthermore, these countries not only demonstrate successful models of the rule of law, but also actively support Ukraine in implementing such standards through various technical aid programmes and expert advice