Implementation of human and citizen rights in administrative and legal relations

Authors

  • Valerii Kolpakov
  • Ihor Kovbas

DOI:

https://doi.org/10.15330/apiclu.67.1.1-1.13

Keywords:

administrative law, administrative and legal relations, administrative and legal implementation of human rights and freedoms, administrative and legal protection, administrative process, human rights, forms of protection of human rights and freedoms, the institute of administrative appeal, subjects of administrative and legal relations, subjects of protection in administrative law, administrative services, administrative mediation

Abstract

The article is devoted to administrative and legal implementation of human and civil rights and freedoms. The author focuses on the object of administrative and legal regulation, which is the administrative and legal relations arising between subjects regarding the implementation, protection, defence and restoration of their violated rights and freedoms ensuring human and civil rights and freedoms. Attention is also drawn to the task of administrative court proceedings as a fair, impartial and timely resolution of disputes in the field of public law relations by a court.
The author of the article focuses on administrative proceedings, which is one of the universal forms of protection of human rights and freedoms and provides for the existence of the institute of administrative appeal in court and points out its features.
The article also reveals the subjectivity of administrative and legal relations and who are the subjects of protection in such relations.
Subsequently, the author focuses on the administrative and legal implementation of human and civil rights and freedoms, which provides for certain forms of protection and reveals the latter.
The author also focuses on additional mechanisms of human rights protection, arguing that since Ukraine is a party to the European Convention on Human Rights, the legislative level provides for the possibility for citizens to apply to the European Court of Human Rights in case of violation of their rights at the national level.
The author of the article raises the issue of administrative service provision procedures, which is certainly one of the forms of protection of human rights and freedoms in administrative law.
The article emphasises that mechanisms of alternative dispute resolution in the administrative process, such as administrative mediation, play a significant role in ensuring protection of violated rights, freedoms and legitimate interests of citizens.
At the end of the article, the author concludes with a definition of what constitutes administrative and legal implementation of human and civil rights and freedoms, and gives a definition of administrative and legal protection of human rights and freedoms.

Published

2025-01-15

Issue

Section

Public law. Policy in the field of fighting crime