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
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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
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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
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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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