PROBLEMS OF DIFFERENTIATION OF THE CATEGORIES "RULE OF LAW" AND "RECHTSSTAAT"

Abstract

This work is devoted to the study and resolution of the problems of definitions of the legal categories "Rule of law" and "Rechtsstaat", which give rise to ambiguity, ambiguity and imprecision in the interpretation and application of legal terminology. Their main causes are identified, consisting in the error of translation of English terms into other languages, the differences between law and statute, incorrect interpretation of the Rule of law at the national level and its uncertainty at the international level.

Attention is paid to the issues of comparison and contrast of the judicial doctrine of the Anglo-Saxon legal system "Rule of law" with the legal concept of the Romano-Germanic legal system "State of Law", which is close to it in content, the categories of law and statute, the principles of the rule of law and the rule of law.

It is determined that "Rule of law" and "Rechtsstaat" in relation to each other are not contradictory and identical categories. What they have in common is the unity of purpose in limiting the arbitrariness of state power, the unity of the task of giving the state a legal form and filling it with essential criteria that constitute the law. And the difference is the different ways of securing, applying and ensuring rights, which can be completely overcome by developing uniformity in judicial practice in the interpretation and application of substantive and procedural law, legal certainty in the legal regulation of legal relations, including the predictability of regulatory, administrative and judicial acts, the legitimacy of the expectations of subjects.

The author of the presented work, without excluding the fact that there are coincidences and differences between the "Rule of law" and "Rechtsstaat", as well as between the categories of law and law themselves, in fact, by virtue of which legal laws and non-legal laws are separated, considers it unacceptable to mix them, equate them and accept them as synonymous terms. The study showed that the "Rule of Law" used in the basic laws of countries with a continental legal system has developed completely new philosophical and legal ideas and different judgments regarding its understanding.