PUBLIC-AUTHORITY SERVICES AS AN ADMINISTRATIVE-LEGAL MEANS OF ENSURING THE REALIZATION OF HUMAN RIGHTS IN RELATIONS BETWEEN TAXPAYERS AND SUBJECTS OF PUBLIC ADMINISTRATION

O. I. Mykolenko
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Abstract

In the article, public-authority services were characterized as an administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration. It was found that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration emphasizes the need for significant changes in administrative-legal regulation, which in modern conditions is aimed at achieving the following tasks: 1) regulation of management activities in tax authorities; 2) introduction and regulation of democratic, transparent and civilized relations between tax authorities and taxpayers, taking into account the ideology that can be traced in the provisions of the Constitution of Ukraine – «the state’s service to human interests»; 3) ensuring the fullest possible implementation of human rights and freedoms in relations between taxpayers and subjects of public administration; 4) creation of effective and efficient protection of these rights and freedoms in case of their violation by public administration bodies, in particular, tax authorities. It has been established that the study of public-power services as administrative-legal means of ensuring the realization of human rights in relations between taxpayers and subjects of public administration covers the sphere of public relations, which is bypassed for various objective and subjective reasons as representatives of administrative, and tax law. It is proposed to define public-authority services as services provided by subjects of public administration with the aim of ensuring the rights, freedoms and legally protected interests of persons in the public-law sphere. In connection with the fact that the taxpayer is a participant in legal relations for obtaining public-authority services, it is proposed to include this group of relations in the subject of administrative-legal regulation, because administrative law considers tax authorities as a type of subjects of public administration. If public-authority services are considered as the result of the activities of public administration subjects in the sphere of realization of the rights and freedoms of citizens in the public-law sphere, then they should be classified as administrative-legal means that ensure the realization of the rights of private individuals in public-law relations.
公共权力服务作为保障纳税人与公共行政主体之间关系中人权实现的行政法律手段
在该条中,公共当局服务被定性为确保在纳税人与公共行政主体之间的关系中实现人权的一种行政法律手段。研究发现,公共权力服务作为确保纳税人与公共行政主体之间关系中人权实现的行政法律手段,强调了行政法律规制的重大变革的必要性,在现代条件下,行政法律规制的目的是实现以下任务:1)对税务机关管理活动的规制;2)引入和规范税务机关与纳税人之间民主,透明和文明的关系,考虑到乌克兰宪法规定的意识形态-“国家为人类利益服务”;3)确保在纳税人与公共行政主体之间的关系中尽可能充分地实现人权和自由;(4)在公共行政机关,特别是税务机关侵犯这些权利和自由的情况下,对这些权利和自由进行有效和有效的保护。公共权力服务作为确保纳税人与公共行政主体之间关系中人权实现的行政法律手段,其研究已经确定涵盖了公共关系领域,而公共关系作为行政法和税法的代表,由于各种客观和主观原因而被绕过。建议将公共当局服务定义为公共行政主体提供的服务,目的是确保公法领域中个人的权利、自由和受法律保护的利益。鉴于纳税人是获取公共权力机构服务的法律关系的参与者,鉴于行政法将税务机关视为公共行政主体的一种,建议将这组关系纳入行政法律规制的主体。如果认为公共权力服务是公共行政主体在公法领域实现公民权利和自由领域活动的结果,则应将其归类为确保公法关系中个人权利实现的行政法律手段。
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