Providing Administrative and Legal Guarantees, Rights and Freedoms of Man and Citizens

Abstract

The recognition of the priority of human and civil rights in Ukraine creates the duty of the state to protect them. Among the various measures to implement the rights and freedoms of man and citizen, one of the main places is their administrative and legal support.

The definition of issues of administrative and legal methods for the protection of human and civil rights and freedoms has a multidisciplinary significance, as the norms of administrative law serve the norms of other branches of law – criminal, civil, economic, labor, environmental, land, and others, which also indicates the relevance of the topic of research.

The object of administrative and legal regulation of the provision of human and civil rights and freedoms is the administrative-legal relations that arise between the subjects regarding the implementation, protection, protection and restoration of their violated rights and freedoms.

The bodies of public administration – the executive authorities, the President of Ukraine, the Verkhovna Rada of Ukraine for human rights, law-enforcement bodies, etc., on the other hand, act as subjects of administrative-legal relations to ensure the rights and freedoms of man and citizen, on the one hand, physical persons, educational institutions, enterprises, as well as other state bodies, institutions and organizations whose activity is related to the protection of human and citizenʼs rights and freedoms in relation to their implementation, protection, renewal, etc.

With the help of administrative law, a mechanism is established for the realization of human and civil rights and freedoms; observance of their rights and freedoms in the activities of individuals, enterprises, institutions, organizations, bodies of public administration, etc., besides, they are determined by law-abiding behavior of subjects of administrative and jurisdictional activity in protection of the rights and freedoms of minors; the focus is on satisfying and restoring the interests of man and citizen through the direct application of administrative sanctions for offenses that infringe on their rights and freedoms, and so on.

In the activity of law-enforcement bodies of Ukraine, all administrative and legal norms that ensure the protection of human and civil rights and freedoms can be divided into norms of regulatory direction, precautionary norms and norms, which include the functions of protection. Regulatory norms determine the list of rights and freedoms of man and citizen, the mechanism of their implementation, the order of protection and protection in case of violation.

Preventive norms carry out preventive functions and are aimed at preventing unlawful encroachments on the rights and freedoms of minors, that is, regulating the security functions of law enforcement agencies in relation to their rights and freedoms. This is being implemented by defining the powers of law enforcement agencies, in particular the National Police of Ukraine, in relation to preventive activities in the territory of its jurisdiction, as well as the prevention of violations of human and citizensʼ rights and freedoms by the employees of the law enforcement agency themselves.

Protective administrative rules aimed at fighting law enforcement agencies with specific administrative offenses that violate the rights and freedoms of individuals and citizens, they determine the list of unlawful acts and establish a specific type of punishment, provide for measures to restore violated rights and freedoms, means of stopping unlawful actions, measures administrative provision for preventing future administrative offenses.

The protective measures applied by law enforcement agencies can be defined as law enforcement means for the protection of rights and order, the cessation of actions that violate the right and the renewal of the legal status that existed prior to the violation, the enforcement of obligations that are applicable to the sub- An entity, regardless of his guilt, as a rule, does not entail additional duties for him or uncompensated encumbrances.

The guarantees of the protection of human and citizenʼs rights and freedoms by law enforcement bodies are expressed in the system of legal and organizational means aimed at: stopping the unlawful restriction of the freedom of the individual (release of hostages, release of an unreasonably detained person as a suspect in committing a crime, etc.); the abolition of an unlawful law enforcement act (an order imposing an administrative penalty, etc.); compensation for damage caused to an individual as a result of the unlawful restriction of his freedom.

Administrative and legal regulation of the protection of human and civil rights and freedoms is a system of administrative and legal means (elements), a set of methods and methods of legal influence on social relations, through which a set of organizational and special measures aimed at the protection, protection and guarantee of their rights and freedoms, prevention of violations of human and civil rights and freedoms.