The rule of law as an principle of the criminal process and law enforcement activity

The article provides a brief historical excursion, examines the modern consolidation of the principle of the rule of law in the legislation of Ukraine, and its official interpretations. The rule of law is the principle and goal of all branches of state power. In the current Сriminal Procedural Code of Ukraine the principle of the rule of law is enshrined in a statement, identical to the constitutional: a person, his rights and freedoms are recognized as the highest values and determine the content and direction of the state’s activities. An additional means of consolidating the rule of law in criminal proceedings was the obligation to take into account the practice of the ECHR as a recognized international legal instrument for the protection of individual rights (Article 8, Part 5 of Article 9 of the Сriminal Procedural Code of Ukraine). The conclusion is substantiated, according to which the practice of the ECHR should be used as a source of legal regulation in situations where there is no corresponding legal norm in national law or if the existing legal norm no corresponds to the current practice of the ECHR. The principle of the rule of law is implemented in Articles 87, 90, 206, Clause 2 of Part 3 of Article 459 of the Сriminal Procedural Code of Ukraine, therefore, in criminal proceedings this principle has found multi-level consolidation. It is proposed to supplement the list of grounds for declaring evidence inadmissible due to a significant violation of human rights during criminal proceedings in Part 2 of Article 87 of the Сriminal Procedural Code of Ukraine. The content of the rule of law principle in the field of law enforcement activities is characterized. Regulation and enforcement of the rule of law should be unified for various law enforcement agencies. In terms of content, the rule of law in the field of law enforcement should be correctly identified with the protection and defense of the rights of all participants in the relevant legal relations in a fair balance of private and public interests; with strict compliance with current legislation in coordination with the practice of the ECHR, prohibitions of discrimination, cruel, degrading and other inhuman treatment, unjustified restriction or violation of the rights and freedoms of individuals and legal entities, as well as guaranteed access to judicial protection against abuses and violations of the rights and legitimate interests of individuals by law enforcement agencies.