Захист прав людини і громадянина нормами публічного права

О. П. Світличний

Анотація


PROTECTION OF THE RIGHTS OF MAN AND OF THE CITIZEN STANDARDS OF PUBLIC LAW

O. P. SVITLYCHNYY, Doctor of Law Sciences

National University of Life and Environmental Sciences of Ukraine

 

The purpose of this paper is the theoretical analysis of peculiarities of protection of rights and lawful interests of individuals by public law.

The origins of public law starts from the time of Ancient Rome. In judicial practice and jurisprudence of Rome was distinguished two branches of law – public «jus publiсum» and private law «jus priwatum».

The emergence of legal process and legal procedure, largely associated with the emergence of the state court in Rome, which occurred together with the formation of the government, as was and remains an integral part of the state apparatus. In General, the Roman law is a generally accepted basis for modern law, which was transformed and continues to transform itself depending on the location, time, traditions, political views of each country.

In modern terms, the basis on which formed the legal regulation of the rights and interests of the person under which such rights and interests need legal regulation, there is the constitutional basis for the rule of law. The most important subjective rights and freedoms enshrined in Section II «Rights, freedoms and duties of man and citizen» of the Constitution. The analysis of the articles of the Constitution of Ukraine gives grounds to divide the fundamental rights and freedoms: personal (articles 27-35, 51-52); political (articles 36-40); economic (articles 41-45); social (articles 46-49); environmental (article 50); cultural (articles 53-54).

 Provided in these articles of the Constitution, the list of fundamental rights and freedoms are implemented with the greatest completeness and efficiency. Most of them have an absolute character, i.e. not only inalienable, but shall not be restricted. This group of rights and freedoms provides for the inadmissibility of any infringement of state bodies, public organizations, officials for life, health, freedom, honour and dignity of the person and the inadmissibility of arbitrary deprivation of life. However, the norms of article 65-68 of the Constitution is fixed and duties of citizens within the limits specified in the Constitution and other norms of the legal order. Legal regulation of the obligations of the person is carried out using appropriate techniques or methods for the replication of state coercion.

State coercion is one of the legal means of ensuring the proper implementation of the rights and interests of the person and depending on the objectives, justification and application can be divided into the funds of liability for improper performance of duties and remedies for violation of rights.

Based on the characteristics of state coercion, it is determined as a method of state influence on the consciousness and behavior of subjects on the property of the participants of legal relations to prevent crime, punishment and correction of offenders, restoration of violated rights, which apply irrespective of the will and desires of obliged entities.

Shows shows that modern public law is designed to protect the rights and legitimate interests of the person. In the basis of subjective public rights, it is easy to see safeguards for the use of the specific capabilities to perform legally significant acts at its own discretion in guaranteed respectively innername aspects of the organization and realization of socially important human relationships. From private subjective right of a public character is that in relationships in which they are formed and implemented, Zobov asarnow party, except for the bearer of these rights, as a rule, is the bearer of public authority of the subject of authority.

The analysis of scientific developments and regulations, gives grounds to assert that in modern conditions of social legal state, one of the main tasks of administrative law of Ukraine is as complete as possible implementation of legal principles in the sphere of public law relations of the rights and freedoms of man and citizen, as well as effective protection of the legitimate rights and legitimate interests of man and citizen in case of violation by public authorities, their officials in position of authority corresponding to the current legislation. Introduction and equality in human relations with officials of public authorities must be at the core of modern administrative law, which requires rethinking some of the key scientific and theoretical foundations of doctrine administrative law as an independent branch of the Ukrainian legal science.

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Посилання


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