Page 4 - Report on the infringement of rights and guarantees of attorneys in Ukraine
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FREEDOM OF LEGAL PRACTICE AS ONE
                                      OF THE BASIC ELEMENTS OF A LEGAL

                                      AND DEMOCRATIC SOCIETY





            THE ROLE OF LEGAL PRACTICE AND THE PRINCIPLE OF THE RULE OF LAW
            IN THE SYSTEM OF UNIVERSAL HUMAN VALUES



             The main source that             The  UN  is  an  organization,  which  unites  almost  all  sovereign
             outlines universal human
             values is the UN system of       countries,  its  instruments  (declarations,  covenants, etc.)  are
             regulations.                     recognized by the overwhelming majority of states in the world
                                              and are not only utilitarian but also value-oriented.
             The universal and indivisible
             core values and principles
                                                                                                1
             of the United Nations            Universal and indivisible core values and principles :
             include human rights, the             human rights
             rule of law and democracy.            the rule of law
                                                   democracy





             MANIFESTATIONS OF CRISIS OF THE RULE OF LAW IDEA


                                   LEGAL PRACTICE IS DIRECTLY RELATED TO






                          human rights                                         the rule of law


            On the one hand, defence is an inalienable            It is  obvious that substitution of the real
            right  of  every person,  on  the  other  – a         implementation of the rule of law   by
                                                                                                       3
            necessary attribute of a law-governed state           declarative and formal actions aimed at
            (based on the rule of law principle) .                covering  up  the  so-called "supremacy of
                                                      2
            Systematic violations and restrictions of legal       expediency" (political, economic,  or  any
            practice  lead to  a  departure  from  core           other),  which  is intensifying,  will inevitably
            values, distort the very practice of generally        lead to a crisis in the entire architecture of
            accepted international relations, which are           core values. The supremacy of "expediency"
            based    on    a   complex    structure  of           deprives the  basic concepts  of  the  most
            contractual obligations.                              important component  – equality, "equality
                                                                  in human rights ... in democracy ... in the rule
                                                                  of law..."
                                                                  The increasing legal nihilism is also a threat,
                                                                  since lengthy ignoring of this state of affairs
                                                                  generates  addiction. Society (both at
                                                                  national and international levels) might start
                                                                  to regard departure from the rule of law as
                                                                  something ordinary, even when the formal
                                                                  attributes of a law-governed state are
                                                                  preserved.





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