According to Fedir Vasylovych, the rights to promote power are determined
depending on the tasks of state activity. When the essence of the rule of law was
reduced to the law-making, the provision of personal security, judicial protection of
law, then the promotion of power manifested in the right to judicial protection and
security of person and property. When it became clear that the state should intervene
not only in the political sphere of society's existence, but also in economic and cultural
terms, the scope of these rights began to expand. Thus, in the system organized by the
state of care for the poor there is a right of care with compulsory general education -
the right to education, etc. That is, depending on the distribution of influence on the
activity of society this list of rights can be expanded, or vice versa - narrowed.
In defining the main features of the rule of law, F. V. Taranovskyi came to the
conclusion that a law-governed state can exist only when combined with the rule of
law and the system of subjective rights that complement each other. Lawfulness defines
the legal forms of manifestation of state power, and the system of subjective rights
shows the legal limits for the manifestation of state power. The scholar proposed to
establish a system of subjective rights in the so-called basic (constitutional) laws,
which stand above all other (ordinary) existing laws in the state. The termination of
these rights is possible only in exceptional cases [12, p. 488-490].
It should be noted that the representatives of the positivist direction, regardless of
belonging to sociological or legal positivism, linked the problem of human and civil
rights and freedoms with the theory of the rule of law. It should also be noted that the
level of guarantee and implementation of human and civil rights and freedoms play a
major role in determining the degree of the formation of a rule of law and civil society.
In one way or another, the positivist paradigm has become the basis of a modern
approach to the formation and implementation of a system of human and civil rights
and freedoms, and modern Ukraine, having taken the course of integration into the
European community, is trying to form a civil society with a high level of personal
responsibility for problems of a defined society, relying on this system. That is, to form
a system of effective cooperation between the individual, society and the state.
The Constitution of Ukraine defined the official doctrine of the formation of a
modern model of state and society in the 1 Article: "Ukraine is a sovereign and
independent, democratic, social and lawful state" [6], which led to the adoption and
consolidation of the basic principles of the formation of a law-governed state in
Articles 3, 5, 6, and 8. This resulted in the practice of legal regulation of modern social
relations declarative constitutional norms, as well as the theoretical model of the
unattainable future. Also the national system of law suffers from excessive and
inconsistent normative material. This situation is further exacerbated by the fact that at
present the state introduces such a "charismatic" legal system within the framework of
the legal system of the European Union. This is the result of the lack of real guarantees
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