Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 26/09/2022 Aceptado el 11/11/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
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P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
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Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 40, Nº 75 (2022), 221-231
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Human principles of law as a universal
normative framework
DOI: https://doi.org/10.46398/cuestpol.4075.14
Anatolii Matviichuk *
Viktor Shcherbak **
Viktoria Sirko ***
Hanna Malieieva ****
Yevhen Leheza *****
Abstract
The object of the research was the disclosure of universal
human principles of law as a universal normative framework.
It has been investigated that the term “principle” is used in
several meanings: 1) in the main framework of the original ideas
that are characterized by universality, of general meaning and
higher imperative, and reect the essential provisions of theory,
doctrine, science, system of domestic and international law for
a political, state or public organization; 2) in the inner conviction of a
person, which determines his attitude to reality, ideas and social activities.
The methodological basis of the research is presented as comparative-legal
and systematic analysis, formal-legal method, method of interpretation,
hermeneutic method, as well as methods of analysis and synthesis. By way
of conclusion, it has been investigated that universal human principles
of law are based on such diverse rights (principles of their concentrated
development) as: humanism, all of which are used on the grounds of the
dignity of the person and his fundamental rights and freedoms.
Keywords: universal human principles of law; humanism; principle of
democracy; principle of justice; principle of equality.
* Doctor of Science of Law, State University of Infrastructure and Technology, Associate Professor of the
Department of Justice Faculty of Law, Institute of management, technology and law, Kyiv, Ukraine.
ORCID ID: https://orcid.org/0000-0003-2991-3236
** Candidate of political sciences, Associate professor, associate professor of the department of
international relations, OLES HONCHAR DNIPROPETROVSK NATIONAL UNIVERSITY, UKRAINE.
ORCID ID: https://orcid.org/0000-0002-3655-8087
*** Candidate of Law, Associate Professor Department of Administrative Law and Administrative
Procedure, Odessa State University of Internal Aairs, Odessa, Ukraine. ORCID ID: https://orcid.
org/0000-0003-4897-3533
**** Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Maritime
and Customs Law, National University «Odesa Law Academy». Ukraine. ORCID ID: https://orcid.
org/0000-0001-9436-1111
***** Doctor of Science in law, Professor at the Department of Public and Private Law, University of
Customs and Finance, Dnipro, Ukraine. ORCID ID: https://orcid.org/0000-0001-9134-8499
222
Anatolii Matviichuk, Viktor Shcherbak, Viktoria Sirko, Hanna Malieieva y Yevhen Leheza
Human principles of law as a universal normative framework
Principios humanos del derecho como marco
normativo universal
Resumen
El objeto de la investigación fue la divulgación de los principios humanos
universales del derecho como marco normativo universal. Se ha investigado
que el término “principio” se usa en varios signicados: 1) en el marco
principal de las ideas originales que se caracterizan por la universalidad,
de signicado general y de imperativo superior, y reejan las disposiciones
esenciales de la teoría, la doctrina, la ciencia, el sistema de derecho
interno e internacional para una organización política, estatal o pública;
2) en la convicción interior de una persona, que determina su actitud ante
la realidad, las ideas y actividades sociales. La base metodológica de la
investigación se presenta como análisis comparativo-legal y sistemático,
método formal-legal, método de interpretación, método hermenéutico,
así como métodos de análisis y síntesis. A modo de conclusión se ha
investigado que principios los humanos universales del derecho se basan
en derechos tan diversos (principios de su desarrollo concentrado) como:
el humanismo, todo cual se utiliza en razón de la dignidad de la persona y
de sus derechos y libertades fundamentales.
Palabras clave: principios humanos universales del derecho;
humanismo; principio de democracia; principio de
justicia; principio de igualdad.
Introduction
Universal principles form a circle of multifaceted issues, which are
dicult to be covered by a single approach or denition of law, and they
are decisive in the legal science and practice. On the one hand, (as far as
they belong to fundamental principles) they contain broad principles
of law reecting spiritual, historical, social, political, cultural and other
peculiarities of the society which are transformed and modied in a
concentrated form. On the other hand, generally recognized social values
are introduced into life, implemented and applied in legal activity through
the principles of law.
In addition, the principles of law are the object of scientic research not
only for representatives of the general theory and philosophy of law, sectoral
sciences, but also for representatives of the international law. Therefore,
our research on the principles of law will be based on an attempt to combine
scientic achievements of representatives of dierent scientic schools and
branches of law through the prism of axiological approach to the problem,
as well as new needs and challenges to their practical application.
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In general, Ukrainian jurists have formed a sucient methodological
basis, which helps to understand the outlined problems of the proposed
research.
1. Literature review
Universal principles are formed in the course of productive interaction
of human society against the background of the emerging civilizational
identity of peoples and they represent one of the best achievements
of the mankind. Recognized as universal principles and enshrined in
international legal documents, these principles become binding for all
states (for example, the principles enshrined in the Charter of the United
Nations dated June 26, 1945, in the Final Act of the Conference on Security
and Cooperation in Europe dated 01 August, 1975, The Declaration on
Principles of International Law concerning Friendly Relations and Co-
operation among States in accordance with the Charter of the United
Nations dated 24 October, 1970, etc.).
Emphasizing the practical importance of principles of law, R.Z. Livshits
wrote that they permeate the process of implementing the law, and
therefore, they serve as vectors of law enforcement activity both in the case
of applying laws and in the case of lling gaps in legal regulation.
Principles of law concentrate the result of the development of law,
they embody the inextricable connection of the past, present and future
(Lyvshyts, 1994). At the same time, the progressive legal opinion has formed
such general framework that cannot be realized irrespective of the principles
of organization and functioning of the entire social system, including
the legal one. They include principles of humanity, democracy, justice,
freedom, equality, etc., that is, principles that are extremely important for
functioning of law (law cannot function without such principles). Each of
them nds its own expression both in the system of law in general and in its
separate branches and institutions.
Development of the theory of principles of law is reected in works of the
outstanding Soviet scientist Prof. S.S. Alekseyev. In his opinion, universal
human principles of law are guiding ideas characterizing the content of
law, its essence and purpose in the society. On the one hand, they express
regularities of law, and on the other hand, they are the most general norms
that act in the entire eld of legal regulation and apply to all subjects.
These norms are either directly formulated in legislation or derived
from the general content of laws (Alekseev, 2005). In addition, universal
human principles of law determine ways to improve legal norms, serving
as guiding ideas for legislators. They are a connecting link between the
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Anatolii Matviichuk, Viktor Shcherbak, Viktoria Sirko, Hanna Malieieva y Yevhen Leheza
Human principles of law as a universal normative framework
basic patterns of development and functioning of the society and the legal
system. Thanks to availability of principles, the legal system is adapted
to the most important interests and needs of humans and the society and
becomes compatible with them.
One of the rst scientists who addressed the issue concerning the
principles of law in the 1950s was the head of the Department of History
and Theory of State and Law at Ivan Franko Lviv State University, prof.
P.O. Nedbailo (Nedbailo, 1971). According to the scientist, the universal
human principles of law are the most abstract concepts that express the
essence of the state and the law in their basis and are the starting element
of the structure of the general theory of state and law (Nedbailo, 1971). The
problem of universal human principles of law is especially exacerbated
when overcoming gaps in legal regulation, in particular through application
and specication of general (universal) principles of law.
In addition, scientists consider universal human principles of law as a
separate type of legal guarantees concerning correct application of legal
norms and exercising subjective rights of citizens; they ensure legality
of actions performed by subjects of law, strengthen legality and law
enforcement, increase validity and expediency in implementation of norms,
contribute to fair assessment of actions within the formal requirements of
legal norms. P.O. Nedbailo emphasized that increasing eectiveness of
this type of legal guarantees requires strengthened scientic research of
universal human principles of law from the point of view that the principles
of law are characterized by normalization (Nedbailo, 1971).
Professor A.M. Kolodiy believes that the category “principles of law”
should be used in all cases when it comes to starting ideas and provisions
that belong to jurisprudence. Therefore, principles of law are the starting
ideas of its existence which express the most important regularities and
foundations of this type of state and law, and are of the same order as the
essence of law, and constitute its main features, are notable for universality,
higher imperativeness and general signicance, correspond to the objective
need to build and strengthen a certain social structure (Kolodii, 1998).
The scientist notes that the main principles, which have not yet been
reected and established in law, cannot be counted among legal principles
(principles of law). They are social patterns that require legal mediation, they
are ideas, scientic conclusions but they are not principles of law (Kolodii,
1999). In our opinion, it is principles of law that reect values recognized in
the society, regulate social relations through hierarchical unity, and create
a system of requirements for the proper and possible behavior of people.
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2. Materials and methods
The research is based on the works of foreign and Ukrainian researchers
on methodological approaches of understanding principles of law as a
universal normative framework.
The essence of methodological approaches of understanding universal
human principles of law as a universal normative framework was determined
by the use of the gnoseological method; the conceptual apparatus was
deepened and the essence of concepts of universal human principles of
law as a universal normative framework was dened thanks to the logic-
semantic method.
Constituent elements of methodological approaches to understanding
universal human principles of law as a universal normative framework
were investigated by means of using the system-structural method. The
structural-logical method was used to dene the basic directions for
optimization of methodological approaches to understanding universal
human principles of law as a universal normative framework.
3. Results and discussion
The greatest value of the supremacy of law consists exactly in its
“incomparable universality” thanks to which it “should be perceived not
simply as a universal principle of law, but as an integral one”, as a “mega
principle” (Holovatyi, 2011).
Universal human principles of law have the highest (maximum possible)
degree of abstraction which makes them suitable for any system of law.
In addition, they act as a exible tool for legal regulation of a wide range
of possible situations that are resolved by legal means between any legal
subjects.
Universal human principles of law are the basis for formation of principles
of international law as well as principles of law of regional communities
and principles of intrastate (national) law, therefore these principles act
as a connecting link between the national legal systems of various states,
as well as between national and international law; they can serve as a tool
for convergence of international and national law, universalization of legal
regulation on a global scale. They serve as guidelines for reforming national
legal systems in countries that wish to enter the European legal space,
including in Ukraine.
The existing degree of abstractness of these principles determines their
concretization in accordance with regional or national legal traditions,
features of the legal system and the sphere of regulated relations. According
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Anatolii Matviichuk, Viktor Shcherbak, Viktoria Sirko, Hanna Malieieva y Yevhen Leheza
Human principles of law as a universal normative framework
to its art.38 the Statute of the International Court of Justice operates
under the category of general principles of law recognized by civilized
nations, which are typical only for states with a democratic and humanistic
orientation.
At the same time, it can be quite dicult to nd out what principles
are meant: principles of law recognized by all nations, by most states, by a
group of states with a democratic regime, or any other principles.
At the same time, the progressive legal opinion has formed such
general framework that cannot be realized irrespective of the principles
of organization and functioning of the entire social system, including
the legal one. They include principles of humanity, democracy, justice,
freedom, equality, etc., that is, principles that are extremely important for
functioning of law (law cannot function without such principles). Each of
them nds its own expression both in the system of law in general and in its
separate branches and institutions (Leheza et al., 2022).
The principle of humanism is one of the most important value
characteristics of a civilized society. It is this principle that is the criterion
for the progressiveness of social institutions and recognizes the good
of humans, their right to freedom, happiness, and expression of their
abilities. Ideas of humanism have a universal (civilizational) nature, and
manifestation of the principle of humanism in law means establishing
relationship between personality, the state and the society in legal forms
(Leheza et al., 2021).
The principle of humanism is recognition of the value of the human
personality, inalienability of its rights and freedoms, respect for its dignity,
protection against arbitrary interference in the sphere of personal life.
The principle of humanism in law nds its embodiment in a number of
normative regulations of various sectoral aliations (Lebedev, 1990).
The principle of the supremacy of law is one of the leading elements of the
general framework of the constitutional system of any modern democratic,
legal state. In the sphere of law, the principle of the supremacy of law nds
its embodiment in the idea of justice, equality, freedom and humanism.
In addition, it forms the appropriate legal system and determines the
conditions that make it possible to turn this idea into reality.
According to the well-known researcher of this topic B. Tamanaha
(Tamanaha, 2007), within this legal system it is “an exclusive and
legitimizing political ideal”, which is gradually spreading for the entire
world today, and is designed to qualitatively change both the fundamental
framework and the practical component of the system of legal regulation
of social relations in the direction of universally recognized humanitarian
values and criteria of social eciency (Leheza et al., 2022).
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According to O.V. Petrishina, today the principle of the supremacy of
law is being considered in two aspects: rst, in a broad sense - as a principle
of legal organization of state power in the society, so to speak, in the sense
of “the supremacy of law over the state”; secondly, in a narrow sense,
namely in the context of the ratio of homogeneous legal categories - law
and legislation in the system of regulation of social relations, their role and
place in ensuring law and order, i.e. in the sense of “supremacy of law over
legislation” (Petryshyn, 2010). Art. 8 of the Constitution of Ukraine, which
enshrines the recognition and operation of the principle of the supremacy of
law and claries its content accordingly, is focused on exactly this approach
(Law of Ukraine, 1996).
A special approach to understanding the principle of the supremacy
of law makes it possible to consider the issue of the rule of law in social
relations as well as more general problems of state power organization as
relatively independent problems, to focus the attention of legal scholars on
the actual legal component of both the rst and second issues, in particular
the role of judicial bodies as the nal arbiter of legal issues, primarily
regarding the protection of rights and freedoms of humans and citizens
(Petryshyn, 2010).
According to one of the creators of the doctrine of the supremacy of
law, Daisy, this principle is based on the recognition and unconditional
acceptance of the highest value of human personality, human inalienable
rights and freedoms which are “the basis and not the result of country law”,
but the rules underlying of the constitutional code are “not a source, but a
consequence of rights of individuals” (Daisy, 2008).
The principle of democracy is manifested in the fact that law and
legislation express the will of the people, the will of everyone and anyone.
Manifestation of the principle of democracy occurs through the forms of
people’s rule: direct and representative democracy, therefore, it manifests
itself in law by enshrining in norms the legal position of a person, the order
of people’s participation in formation of state authorities, in implementation
of their legal policy, in creation and improvement of legislation; in addition,
the principle of democracy combines and interconnects two aspects: the
national one and the international legal one (Leheza et al., 2018).
The principle of equality is expressed in the equality of the legal position
of all before the law, as well as in existence of equal civil rights and duties,
equal protection in court regardless of nationality, gender, religious
aliation, origin, place of residence, ocial status and other circumstances
(Leheza et al., 2021). Formation of objective connections and relations
G. Hehel justied the formal, legal equality of people: people are equal
precisely as free individuals, equal in their right to private property, but
not in the amount of property ownership. And the scientist considers the
demand for equality in distribution of property to be an unreasonable point
of view (Hehel, 2000).
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Anatolii Matviichuk, Viktor Shcherbak, Viktoria Sirko, Hanna Malieieva y Yevhen Leheza
Human principles of law as a universal normative framework
Tarakhonych notes that the principles of law reect the level of
development of various spheres of social relations, namely economic,
political, ideological, social, etc.; they reproduce the essence and social
nature of law, regularities of its development and functioning; the
relationship with other social regulators is characteristic of principles of
law (Tarakhonych, 2014).
When considering the principle of justice, it seems appropriate to cite the
position of the famous British lawyer Lord Dennis Lloyd, who distinguishes
formal justice which is embodied in the principle of the same approach
to the same cases and provides for availability of three conditions for
existence of norms that prescribe necessary behavior in specic conditions;
their general nature, i.e., application to everybody and to anybody or to
certain categories of persons, and not selectively; impartiality (that is,
their application without any discrimination, coercion or, on the contrary,
concessions) and “real” justice, which implies, in addition to the three
specied, formal attributes.
The value of such an approach lies not only in the fact that it makes
it possible to make the principles underlying the legal system quite open,
but also in the fact that it can make them mandatory legal norms which
when violated lead to prosecution according to the legislation (Leheza et
al., 2020).
The principle of freedom as an opportunity to choose an option of
behavior is an absolute good and it can be limited only by the need to
ensure freedom of other persons which is achieved by establishing a certain
degree of freedom of a separate individual. The activities of state bodies
and ocials should be aimed at creating conditions for the realization and
protection of human freedom (Leheza et al., 2022).
Conclusions
Therefore, universal human principles of law are its universal normative
framework which is recorded in positive law and developed by humanity as
a global macro-civilizational system, objectively determined by the needs
and level of development of human civilization and which embodies its best
achievements in the legal sphere, determines the essence and direction of
legal regulation and is applicable in any legal system.
The progressive legal opinion has formed such general framework
that cannot be realized irrespective of the principles of organization and
functioning of the entire social system, including the legal one.
They include principles of humanity, democracy, justice, freedom,
equality, etc., that is, principles that are extremely important for functioning
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of law (law cannot function without such principles). Each of them nds its
own expression both in the system of law in general and in its separate
branches and institutions.
Universal human principles of law indicate the level of humanity
development and should act as a universal criterion for formation of
national legal systems. They are enshrined in documents and partially in
the domestic legislation of individual states. From the point of view of the
legal nature, universal human civilizational principles of law are principles
of positive law, which should be distinguished from legal principles as a
broader concept covering basic, dening legal ideas. At the same time, legal
principles are the rst principles of legal consciousness or doctrine, while
the principles of law are general, normative, mandatory principles, and
their implementation is guaranteed by the state.
Therefore, it is worth noting that the concepts of “universal human
principles of law” and “universal human legal principles” are also not
identical, since among universal human principles you can single out both
principles of law and principles of legal consciousness, doctrines (legal
principles) that are not xed in the positive law. It should be added that,
by their nature, universal human principles of law (just the same as any
other principles) are normative principles that determine the essence and
direction of legal regulation.
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www.luz.edu.ve
www.serbi.luz.edu.ve
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Esta revista fue editada en formato digital y publicada
en diciembre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 75
