PROBLEMS OF DEVELOPMENT OF DOCTRINE OF RULE OF LAW IN DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE DURING 1997–2016

The purpose of the article is a critical analysis legal positions in practice first 20 years work Constitutional Court Ukraine (hereinafter referred to as CCU), which deals with attempts this body give vision content and structure rule law. methodology systematic approach, method comparison, formal-logical method. As result, doctrine characterized by unclear, lack unified approach criteria for inclusion certain phenomena list components Most above decisions CCU deal such component law justice and, particular, its form proportionality. most detailed element requirement certainty, including principle prohibition retroactive operation time respect res judicata. next right person fair trial, compulsory presence judicial control over limitation human rights. In there mechanical under all new elements are regularly added law, without explaining addition determining place role among those already available. If CCU's continue dominate "inclusive," "flexible," idea it will only lead fact that practical meaning 8, part 1, Constitution gradually disappear, category finally "dissolve" de facto become superfluous.