乌克兰公民在乌克兰公共行政领域的权利和合法利益的行政和法律保障

Zoryana Dobosh
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摘要

文章主要论述了乌克兰公民在乌克兰公共管理领域的权利和合法利益的行政法律保障问题。文章特别关注对作为乌克兰行政和法律保障主体的个人在公共管理领域的权利和合法利益的分析。已经确定,在公共行政领域保障个人权利的来源是国家。国家的其他机构作为公共行政领域个人权利的行政和法律保障主体,广播其意愿,国家赋予其特殊权限,是保障个人权利的有效手段。文章分析了个人的公共利益与私人合法利益相结合的特殊性、主观公法框架内私人利益与公共利益二元论的理论,提出了对 "公共合法利益 "类别的分析以及主观公权力的结构。研究发现,公共法律领域的主观法范畴比主观公法范畴更为宽泛。特别关注了主观公共人权的类型,因为满足这些权利是国家行政和法律保障的最重要主体,特别是通过司法控制机制。特别关注对公共-公民权利、公共-政治权利、公共-社会权利的分析。研究领域中的积极和消极公共权利、一般权利和特殊权利被单独列出。需要指出的是,个人权利的行政和法律保障的实际落实需要一系列具有必要权限的国家机构的参与,以创造条件,实施旨在保障个人权利落实可能性的手段,并在必要时对其进行保护。保障个人合法权利的特点以及这种保障体系的特点。需要强调的是,在保障广泛的法律机会的同时,国家应重点发展明确的机制,以打击战时条件下公共行政领域的滥用法律行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Administrative and legal guarantee of the rights and legitimate interests of ukrainian citizens in the field of public administration in Ukraine
The article is devoted to the problem of administrative-legal guarantee of the rights and legitimate interests of Ukrainian citizens in the sphere of public administration in Ukraine. Special attention is devoted to the analysis of the rights and legitimate interests of a person in the field of public administration as a subject of administrative and legal guarantees in Ukraine. It has been established that the source of guaranteeing individual rights in the field of public administration is the state. Other institutions of the state acting as subjects of administrative and legal guarantee of the rights of the individual in the field of public administration, broadcasting his will, endowed by the state with special competence, effective means of guaranteeing the rights of the individual. The article analyzes the peculiarities of the combination of public interest and private legitimate interests of individual individuals, the theory of the dualism of private and public interest within the framework of subjective public law, presents an analysis of the category "public legitimate interests", and the structure of subjective public rights. It was found that the category of subjective law in the public legal sphere is wider than the category of subjective public law. Particular attention is paid to the types of subjective public human rights, since their satisfaction is the most important subject of administrative and legal guarantee by the state, in particular through the mechanism of judicial control. Special attention is devoted to the analysis of public-civil, public-political, public-social rights. Positive and negative public, general and special rights in the researched area are singled out. It was noted that the practical implementation of administrative and legal guarantees of individual rights requires the involvement of a wide range of state institutions endowed with the necessary competence to create conditions, implement means aimed at guaranteeing the possibility of implementing individual rights and, if necessary, their protection. The features of guaranteeing the legal rights of a person, the system of such guarantees are characterized. It is emphasized that while guaranteeing a wide range of legal opportunities, the state should focus on developing a clear mechanism for countering the abuse of law in the field of public administration in wartime conditions.
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