Abstract:
The paper’s goal is to present a proposal for discussion that would update the
methods used in Ukrainian customs law science to interpret the meaning
and relationship between legality and rule of law, as well as determine how
these approaches fit into the operations of the country’s customs authorities.
The paper’s goal required the use of a number of scientific cognition methods,
such as historical and legal method; dialectical method; comparative
method; systemic and structural method; hermeneutical method; method
of analysis; method of synthesis; method of generalization, etc. The rule of
law is highly valued in Ukrainian laws, law enforcement processes, and legal
doctrine. However, its legal regulation in Ukrainian legislation and doctrinal
legal analysis of its content and correlation with other principles of law, in
particular the principle of legality, are carried out from the standpoint of
legal positivism without taking into account the principles of the natural
law concept of law understanding. The absence of a systematic approach to
the normative and legal consolidation of the principle of the rule of law in
the legislation of Ukraine led to the emergence of various options for a formal definition of its content, which significantly complicated its real knowledge.
In view of the above, it is recommended to focus on developing a coherent
approach to the interpretation of the content and correlation of the principles
of legality and the rule of law, taking into account the principles of the natural
law concept of law understanding, according to which they are correlated as
part and parcel.
