Roman V. Administrative and legal background of monitoring and control in the area of disabled rights enforcement in Ukraine

Administrative-legal relations in the area of disabled rights enforcement and the role of monitoring and control activity is studied. Author examines principles of monitoring and control activity performance in the area of disabled rights enforcement separating them in three groups: fundamental, general and special. System and powers of state and self-governance bodies’ performing monitoring and control activity in the area of disabled rights enforcement are analyzed. Definition of disabled person is proposed (individual with physical or mental impairment that substantially limits one or more of one’s major life activities and creates certain obstacles for involvement in social activities and leads to unequal treatment which is justified by official document issued by the state). Scope of legal relations which emerge in the area of disabled rights enforcement is defined. It is identified that administrative-legal relations in the area of disabled rights enforcement are social relations regulated by administrative law and process provisions emerging in the course of interaction between the authority and persons granted with the disabled status with aim to enforce legitimate rights by the latter. Author analyzed and compared the definitions of «control» and monitoring» and defined that at the legislative level these definitions are used as synonyms; control and monitoring are mutually reinforcing elements of monitoring and control activity; control and monitoring are two components of one phenomenon (process) – monitoring and control activity where its synergy ensures efficient performance by regulatory agencies. It is offered to separate principles of monitoring and control activity performance in the area of disabled rights enforcement in three interrelated groups (with the relevant hierarchy): fundamental, general and special. This hierarchy allows to establish solid foundation for the regulatory agencies to exercise their powers. Author formulates individual interpretation of system of monitoring and control activity subjects acting in the area of disabled rights enforcement with the following differentiation: regulatory agencies responsible for complex control and monitoring procedures; regulatory agencies responsible for specialized control and monitoring procedures; NGOs.