Sanzhara O. Administrative and legal mechanism for the realization of the rights and freedoms of citizens in the field of local self-government

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100410

Applicant for

Specialization

  • 081 - Право. Право

19-11-2020

Specialized Academic Board

ДФ 08.893.004

University of Customs and Finance

Essay

The current state of scientific developments on the administrative and legal mechanism for the realization of rights and freedoms of citizens in the field of local self-government with the simultaneous allocation of the main directions of modern research in legal science and the doctrine of administrative law. It is established that during the years of independence of Ukraine in scientific sources studied various aspects of human and civil rights and freedoms in the field of local self-government, and therefore in studies of administrative and legal mechanism of civil rights and freedoms in local self-government can be divided into three main areas which deserves attention. The first area of research is related to the coverage of the constitutional and legal aspects of human and civil rights and freedoms, as well as to the definition of the functional purpose of local self-government in the system of public authority. General constitutional and legal approaches to defining human and civil rights and freedoms, to the role of local self-government in the general system of public power and to the legal mechanism of realization of rights and freedoms are basic for researches of administrativelegal mechanism of realization of civil rights and freedoms therefore used in the work in substantiating the proposals and conclusions. The second area of research is related to the coverage of administrative and legal aspects of both internal and external activities of local governments. Researchers reveal the features of the administrative and legal mechanism for the realization of citizens' rights in the field of local self-government through the analysis of local self-government functions, research of administrative procedures and definition of administrative services provided by local self-government bodies. This approach does not give a complete picture of the administrative and legal mechanism for the implementation of rights and freedoms of citizens in the field of local self-government, but allows to determine the role of local governments in the implementation of rights and freedoms of citizens. And the third area of research is related to the analysis of the administrative legal mechanism as a phenomenon of legal reality. The main problem of such research is that the concept of "administrative-legal mechanism" is well known and widespread in scientific sources, but this concept lacks a clear meaning that requires additional explanations from the researcher, which correlate with the subject of his research. Only the subject of research allows, firstly, to specify the content of this category, secondly, to determine its place in the system of other legal categories and, thirdly, to reveal its significance in the practical sphere (lawmaking or law enforcement). It is established that most scholars, emphasizing the law enforcement orientation of administrative law, do not use in their categorical apparatus the concept of "public service relations" and accordingly do not disclose the specifics and differences of such relations from all others covered by administrative law. In this regard, the dissertation substantiates, firstly, that public-service relations are a type of administrative relations that are related to the realization of rights and freedoms of citizens, and secondly, the activities of public administration entities to provide administrative services this is only one of the activities of public administration bodies in the field of realization of the rights and freedoms of citizens. It was found that public-service administrative legal relations are the regulation by administrative law of relations that arise between a public administration body and ordinary citizens and organizations for the provision of public services (licensing, certification, registration, granting legal status, etc. Thus the decision of body of public administration is made out both in writing (for example, issue of the certificate on certification of the goods), and other kind provided by the law (for example, rendering of electronic services). It is established that the methodology is the most important tool of any scientist, the basis of effective scientific activity, through which, within the framework of scientific and experimental work, there was knowledge and explanation of such a legal phenomenon as administrative and legal mechanism of rights and freedoms of citizens in local government. That is why the study of the administrative and legal mechanism of realization of the rights and freedoms of citizens in the field of local self-government was accompanied by the use of a special group of methods and techniques that helped to fully reveal the features of this administrative and legal phenomenon. The set of methods of scientific knowledge was determined by the object, goals and objectives of the study. Emphasis is placed on the fact that the complexity of the study of the administrative and legal mechanism of realization of rights and freedoms of citizens in the field of local self-government was to combine in one object of study three objects that can be studied separately (independently) within the science of administrative law. In particular, a separate object of administrative and legal research may be the "administrative and legal mechanism", local governments as subjects of administrative law ", as well as" ways to exercise the rights and freedoms of citizens, which are provided by administrative law. The administrative-legal mechanism of realization of rights and freedoms of citizens in the sphere of local self-government as a kind of numerous administrative-legal mechanisms is defined and analyzed, and also it is substantiated that the administrative-legal mechanism of realization of rights and freedoms of citizens in the sphere of local self-government represents a set of interacting special legal means. , which ensure the implementation of subjective rights and freedoms, the purpose of which is to implement the provisions of legal norms through the lawful conduct of the subjects of administrative law, namely, through compliance, implementation, use and application of law. The content and significance of each of the selected elements of the administrative-legal mechanism of realization of rights and freedoms of citizens in the field of local self-government were disclosed in detail within the dissertation and accompanied by conclusions useful for the development of administrative law and national legislation. The dissertation identifies the features inherent in the administrative and legal mechanism for the realization of the rights and freedoms of citizens in the field of local self-government. Understanding the modern problems of the science of administrative law allowed to analyze in depth the concept of "realization of the rights and freedoms of the citizen." It is established that the exercise of such rights and freedoms can be carried out in different ways provided by national law, and therefore, there is a need to identify such methods and analyze their features. That is why within the research work, first, identified as a separate element of the administrative-legal mechanism of the form of implementation of administrative law in the field of human rights and freedoms, and, secondly, the analysis of such forms. The dissertation also formulates a number of specific proposals and recommendations aimed at improving the theoretical and legal foundations and practice of application of the administrative and legal mechanism for the realization of rights and freedoms of citizens in the field of local self-government

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