Особливості механізму безперешкодної реалізації права на отримання адміністративних послуг у ветеринарній та фітосанітарній сферах

Abstract

FEATURES THE MECHANISM OF UNHAMPERED REALIZATION OF RIGHTS FOR ADMINISTRATIVE SERVICES IN THE VETERINARY AND PHYTOSANITARY SPHERE

A. R. RAFALSKI, PhD student

National University of Life and Environmental Sciences of Ukraine

Building a public service of the state, including in the veterinary and phytosanitary sectors, requires an adequate level of legal regulation, which, in turn, corresponds to a mechanism of legal regulation. It should be noted that the third stage of the mechanism of regulation is a step to ensure the smooth implementation of the law by imposing compulsory measures and legal liability (hereinafter – the stage ensure the smooth implementation of the right). Although this step is optional (optional) nature (its necessity is manifested in failing to implement seamlessly subjective rights and legal responsibilities), but its role in the mechanism of regulation is significant. This is because at this stage there is a certain stage of legal regulation, which by application of remedies, the main of which is the act of applying law enforcement measures aimed at achieving the goal of legal regulation. Legal liability is applied at this stage, scientists are considering as a guarantee of the rights and interests of citizens and guarantee legitimacy. This determines the relevance of the study peculiarities of the smooth realization of the right, particularly for administrative services in the veterinary and phytosanitary sectors.

However, research conducted by current legislation of Ukraine leads to the conclusion about the existence of two groups of administrative offenses committed by persons authorized to provide administrative services to the veterinary and phytosanitary areas: 1) general administrative offenses (can be committed by all public authorities, including public servants of the state, authorized to provide administrative services to the veterinary and phytosanitary fields); 2) administrative violations in the field of administrative services of general (those offenses that infringe on the established order of administrative services provided not only the subjects of veterinary and phytosanitary measures).

Thus, the studies brought to a focus on the role of stage ensure the smooth implementation of the right in the mechanism of legal regulation. It was found and examined the grounds of administrative responsibility of authorized persons to provide administrative services to the veterinary and phytosanitary sectors. A feasibility of forming a system of administrative offenses committed by persons authorized to provide administrative services to the veterinary and phytosanitary sectors, which includes two groups: Administrative and general administrative violations in the area of administrative services of a general nature. However, we note that the issue is considered important and requires further research.