Tsyhanenko A. Administrative and legal means of ensuring human rights and freedoms by the National Police of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100900

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

18-06-2020

Specialized Academic Board

К 26.006.09

Kyiv National Economics University named after Vadym Hetman

Essay

The thesis analyzes the emergence and formation of public relations in the field of ensuring the rights and freedoms of a person and citizen by the National Police, identifies the main periods of the development of relations between the police and society. In Ukraine, during the years of independence, the legislative consolidation of the system of fundamental human rights and freedoms, as well as the system of their legal support, which meet the requirements of the existing international standards, was implemented. The system of human rights and freedoms guaranteed by the Constitution of Ukraine is developed taking into account the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Charter of Paris for a new Europe and so on. In turn, Ukraine's accession to international instruments on human rights and freedoms, the adoption of a Constitution proclaiming human rights and freedoms of the highest social value, requires a radical revision of the role of law in society, changes in the directions and limits of its regulatory influence. A study was conducted of the basic models of the relationship between the National Police and the individual and citizens in the aspect of ensuring rights and freedoms; the optimal model of the relationship between society and the National Police in Ukraine was determined. Considered the positive experience of foreign countries, such as the: Republic of Poland, the Republic of Kazakhstan, the Federal Republic of Germany and explored the practice of the European Court of Human Rights and the accumulated scientifically-based conclusions, suggestions and recommendations for improving the legal regulation of the relationship between the National Police and man and citizen in Ukraine. The main problems of administrative and legal regulation of relations between the National Police and a person and a citizen to ensure the rights and freedoms in various spheres of social relations (educational, economic, social, etc.) are investigated. The dissertation presents author's proposals for improving the activities of the National Police to ensure the rights and freedoms of a person and a citizen with scientific, methodological, organizational and legal mechanisms. A category of service state is formed as the actual result of the activities of the National Police to ensure human and civil rights and freedoms. It defines the range of mandatory actions of all types of government for cooperation with the National Police in the aspect of the relationship between ensuring the rights and freedoms of man and citizen. Proposals are being formed regarding cooperation between the population and the National Police in the direction of ensuring human and social rights and freedoms. Formation of the legal structure of human and civil rights and freedoms. their development is associated with the definition of the concept of the rule of law and is conditioned by a system of state measures of economic, political, legal, organizational nature. Analysis of the development of ideas about human rights gives grounds, in the most general form, to define them as equal for all the possibilities of realization of their needs, necessary for normal existence and development of the individual in concrete historical conditions objectively formed by the achieved level of development of mankind and enshrined as international standards. The mechanism of organizational and legal provision of human rights and freedoms is a dynamic system of legal and organizational forms, means and measures, the action and interaction of which are aimed at preventing violations of human rights or their restoration in case of violation. The interrelation of public, national and public security and the state of ensuring the rights and freedoms of a person and citizen are determined. All areas of improvement of administrative, organizational and methodological training of National Police officers are systematized. Developed proposals for amending the legislation of Ukraine, aimed at improving the legal regulation of social relations in the field of the National Police to ensure the rights and freedoms of man and citizen.

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