VALUE NARRATIVES OF PROCEDURAL LAW

Abstract

The study of values in scientific cognition has a long tradition in philosophy and law, but it should be recognized that there is still no unified position on the definition of value as a general legal category, the types of constitutional values of national law, and even more so, on the specifics of legal values in certain areas of legal activity, in particular, in the procedural law of Ukraine. The purpose of the study is to reveal the main theoretical aspects of the application of legal values in law, and to determine the types, content and methods of implementation of legal values in the field of procedural law. The peculiarities of the subject matter of the study determined its methodological basis, which is a combination of methodological approaches, philosophical, general scientific and special scientific methods. In particular, methodological approaches were applied in the process of scientific cognition of the nature and functional purpose of legal values and, in their entirety, contributed to determining their role in shaping the doctrine of national procedural law. Various areas of value theory have been studied, which has made it possible to identify certain trends in the development of the concept and content of legal values and their practical application in the procedural sphere. The author analyzes the relationship between legal values and legal ideals, principles and rules of law. Attention is drawn to the existence of a certain classification and hierarchization of legal values which remain controversial in legal science. The author analyzes the state of constitutional values of the State as a single system of inextricably interconnected elements, and notes that there is no priority or hierarchy of constitutional values, and their role in generating the State legal ideology. The author substantiates the position that the rule of law and respect for human rights are of paramount importance among the legal values in the field of procedural law. By analyzing the judgments of the European Court of Human Rights, the author highlights the development of legal values of procedural law in the form of international and European standards in the field of legal proceedings. The author reveals the importance of judicial activism in the process of applying legal values. The practical significance of the work lies in the fact that the theoretical developments made can be used for the development of national legal doctrine, and the proposals and recommendations formulated can find their practical application in teaching and research work.