Regarding the Problem of Defining the Concept of «Administrative and Legal Provision of Citizens’ Rights»

Hanna Ivanova; Vasyl Felyk; Iryna Shopina; Konstantin Bieliakov

doi:10.34069/AI/2020.26.02.54

Hanna Ivanova Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University https://orcid.org/0000-0002-2658-3502
Vasyl Felyk Kyiv Institute of Intellectual Property and the Law, National University «Odessa law Academy» https://orcid.org/0000-0002-6301-988X
Iryna Shopina Department of Administrative Law Disciplines of Lviv State University of Internal Affairs https://orcid.org/0000-0003-3334-7548
Konstantin Bieliakov Department of the Theory, History and Philosophy of Information Law, of Research Institute for Informatics & Law National Academy of Legal Science of Ukraine https://orcid.org/0000-0002-9517-2192

DOI: https://doi.org/10.34069/AI/2020.26.02.54

Keywords: Rights of citizens, administrative and legal mechanism, provision, administrative and legal provision.

Abstract

The purpose authors of this article aim to analyze the scientific literature on understanding the concept of “administrative and legal provision of civil rights”, its structural components and on this basis to offer our own view in regard to this administrative and legal category.

To achieve this goal, such methods of scientific knowledge were used as: formal-logical; comparative analysis; logical and legal.

Different scientific approaches and concepts to defining the notion of citizens’ rights have been analyzed in the article. On this basis the understanding of the category of “administrative and legal provision of citizens’ rights” has been improved. It includes two interrelated components – “administrative and legal” and “provision”. It has been determined that the term provision in the general sense means the creation of conditions, security, protection of something from danger. The rights of citizens as a subject matter of administrative provision have been analyzed. The features of human and civil rights have been outlined. It has been stated that human and civil rights, freedoms and legitimate interests in the modern world must be both declared in regulatory acts, and must be really guaranteed and secured by the state. It has been emphasized that officials of the state authorities, including law enforcement system, play a crucial role in the development of interaction between society, government and citizens. The main directions of ensuring the rights, freedoms and legitimate interests of citizens by the norms of administrative legislation, as well as the mechanism of their implementation have been determined. The authors have offered own definition of the concept of “administrative and legal provision of citizens’ rights”.

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Author Biographies

Hanna Ivanova, Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University

PhD in Law, Doctoral Candidate of the Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University

Vasyl Felyk, Kyiv Institute of Intellectual Property and the Law, National University «Odessa law Academy»

Doctor of Jurisprudence, Professor, Honored lawyer of Ukraine, Director Kyiv Institute of Intellectual Property and the Law, National University «Odessa law Academy»

Iryna Shopina, Department of Administrative Law Disciplines of Lviv State University of Internal Affairs

Doctor of Law, Professor, Professor of Department of Administrative Law Disciplines of Lviv State University of Internal Affairs

Konstantin Bieliakov, Department of the Theory, History and Philosophy of Information Law, of Research Institute for Informatics & Law National Academy of Legal Science of Ukraine

Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine, Head of the Scientific Department of the Theory, History and Philosophy of Information Law, of Research Institute for Informatics & Law National Academy of Legal Science of Ukraine

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