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The philosophical foundations of the theory about the legal state
were formulated by I. Kant. The essence of his theory had several
basic principles: "Every citizen must be his/her own master," "If
people cannot decide about themselves, so a legislator cannot decide

about people." These principles actually tell about the legal
consolidation of fundamental human rights and freedoms.
The legal state differs from the state by the following features-

principles:
- the primacy of law and legal laws over sub-normative acts,
political and physical power of the state;
- the distribution of power, belonging to people, into legislative,

executive and judicial;
- the primacy of civil society and its representative – the
Parliament over the state and its apparatus;

- legal consolidation of fundamental human rights and freedoms
in the Constitution and other laws and their actual realization;
- mutual respect and mutual responsibility of the person and the

state;
- a citizen is allowed to do everything that is not prohibited by
law, and the state and its officials can do only what is permitted by

law;
- democratic pluralism and publicity – the activities of legal
political parties and movements, relative freedom of mass media, etc.
Many of these principles are in the Constitution of Ukraine, in

particular, Art. 3 in Title I states that "...An individual, his life and
health, honour and dignity, inviolability and security will be
recognised in Ukraine as the highest social value. Human rights and

freedoms, and guarantees thereof will determine the essence and
course of activities of the State. The State will be responsible to the
individual for its activities."
In Art. 6 states that "... state power in Ukraine will be exercised

with the consideration of its division into legislative, executive, and
judicial branches. In Art. 8 of the Constitution states “…the
Constitution of Ukraine will be regarded as superior law. Laws and

other regulatory legal acts will be adopted on the basis of the
Constitution of Ukraine and will conform to it.”
In Art. 1 of the Constitution states that Ukraine is a sovereign

and independent, democratic, social and law-based state.

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