The rule of law as a principle of municipal lawmaking

This article provides a comprehensive analysis of the rule of law as a fundamental principle of municipal lawmaking in Ukraine. The relevance of this study is driven by the ongoing processes of decentralization of public power and the necessity of implementing European legal standards based on the principles of the rule of law. The author analyzes the evolution of the concept of the rule of law, from the classical works of A. Dicey to modern doctrines developed by scholars such as M. Koziubra, О. Sviatotskyi, and V. Bordeniuk, and identifies the theoretical and legal foundations of this principle, its constitutional establishment, and the specific features of its implementation in the field of local self-government. Particular attention is paid to the content of municipal lawmaking in the context of its compliance with the key elements of the rule of law as defined by the Venice Commission. The article examines such elements as legality, legal certainty, the prohibition of arbitrariness, access to justice, respect for human rights, equality before the law, and the prohibition of discrimination, all of which influence the formation, content, and legitimacy of local normative legal acts. It is argued that municipal lawmaking in accordance with the principles of the rule of law is a prerequisite for effective local self-government, transparent governance, and the protection of citizens’ rights. An analysis of municipal lawmaking through the lens of the rule of law’s key elements leads to the conclusion that this principle is an integral part and a crucial condition for the legitimacy and effectiveness of local law creation. Legality ensures the hierarchy of the legal system, while transparency and accountability prevent the usurpation of power and encourage democratic participation. Legal certainty makes local regulations predictable, which is essential for protecting the rights and interests of citizens. The prohibition of arbitrariness is the main obstacle to the abuse of discretionary powers and manifestations of corruption. Access to justice through judicial review is an effective mechanism for controlling municipal lawmaking. Respect for human rights, equality, and the prohibition of discrimination are substantive elements that make municipal regulations fair and responsive to the needs of all community members.