Relations of administrative and legal protection as a kind of administrative and legal relations: concept, content, characteristics

M. Kobzar-Frolova
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Abstract

Traditionally, the issues of legal regulation of the protection and protection of man and citizen are considered as one of the aspects of law enforcement. Social realities allow us to assert that, by virtue of the Constitution of the Russian Federation, a circle of specific public relations of administrative and legal protection has developed. These relations are regulated by the norms of administrative law, but have not yet received sufficient coverage and theoretical justification in the scientific works of domestic administrationists. The studied problems are of interest as a synthesis of law enforcement practice (the practical activities of subjects authorized in the field of administrative and legal protection, including in the field of labor protection, human health, sanitary and epidemiological welfare of the population, etc.) and the theory of administrative and legal relations, where the relations between public authorities and a person are harmonious, and based on an optimal balance of public and private interests. Consistently carrying out the correlation of the concepts of the terms “protection” and “protection”, based on historical and theoretical-legal ideas about these terms, the conclusion is formulated that their content and purpose are different. And the object of administrative and legal protection is different from the object of police protection. It also has differences from the activities of the judicial authorities. The use of comparative-legal, system-analytical, formal-logical and other methods of scientific cognition made it possible to identify a system of administrative-legal measures, methods and techniques through which the Government of the Russian Federation ensures the protection of constitutional rights and freedoms of man and citizen, creates guarantees for their implementation and exercises control (supervision) over the performance of the relevant duties assigned to authorized public authorities. The article analyzes the purpose and content of administrative and protective activities, defines the circle of authorized bodies (subjects) of administrative and legal protection, identifies elements of administrative and legal protection, provides a list of administrative and legal protection measures.
行政与法律保护关系作为一种行政与法律关系:概念、内容、特征
传统上,保护人和公民的法律规制问题被认为是执法的一个方面。社会现实使我们能够断言,根据《俄罗斯联邦宪法》,已经形成了一个行政和法律保护的具体公共关系圈。这些关系受到行政法规范的规范,但在国内行政学家的科学著作中尚未得到充分的覆盖和理论论证。所研究的问题是执法实践(行政和法律保护领域授权主体的实践活动,包括劳动保护、人类健康、人口卫生和流行病福利等领域)和行政和法律关系理论的综合,其中公共当局与个人之间的关系是和谐的,并以公共和私人利益的最佳平衡为基础。通过对“保护”和“保护”这两个术语概念的关联分析,结合历史和法理对这两个术语的理解,得出它们的内容和目的不同的结论。行政和法律保护的对象不同于警察保护的对象。它也与司法当局的活动有所不同。利用比较法律、系统分析、形式逻辑和其他科学认识方法,可以确定一套行政法律措施、方法和技术体系,俄罗斯联邦政府通过这些措施、方法和技术确保保护人和公民的宪法权利和自由,为其实施创造保障,并对分配给授权公共当局的有关职责的履行进行控制(监督)。本文分析了行政保护活动的目的和内容,界定了行政保护和法律保护的授权主体(主体)范围,明确了行政保护和法律保护的构成要件,提出了行政保护和法律保护的措施清单。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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