Public Administration and the Protection of Private Rights: Questioning Its Recognition and Application Under Ukrainian Law

Keywords: A Private Individual, Protection of Rights, State Policy, Public Administration, Inviolability of Rights

Abstract

Every society needs the recognition and protection of the rights of its citizens, and this becomes more proper for every administration in respecting this protection for the common good of its society. In this article, international experience of protecting private rights in the sphere of public administration has been analyzed. On the basis of the researched information the authors have provided concrete ways of implementing the specified international experience into domestic state and his legal system. The essence and characteristic features of legal ways to protect the legitimate interests of private individuals within public relations have been clarified among other things. The genesis of the development of the ways to protect private rights in the sphere of public administration has been analyzed. Particular attention has been paid to the insufficient capacity of Ukraine to ensure the inviolability of private rights, freedoms and interests of the entities of public legal relations, compared to the developed countries of Western Europe and North America. At the same time, the emphasis has been made on the gradual increase in the level of democracy and the rule of law in Ukraine over the last 20 years. It has been claimed that a special “acceleration” of the indicated reforms took place immediately after two socially important events, namely the Orange Revolution of 2004 and the Revolution of Dignity of 2013-2014. However, the so-called “energy fervor” gained at the beginning of the reform is slowing down in Ukraine.

Downloads

Download data is not yet available.

Author Biographies

Oksana Brusakova, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

Doctor of Law. Associate Professor. Dean of the Faculty 6 of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Oleksandra Karmaza, Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

Doctor of Science (Law). Professor. Professor of the Department of Civil Procedure of the Institute of Law of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine).

Viktor Vasylenko, Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

Doctor of Law. Associate Professor. Dean of the Faculty 5 of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Vita Moroz, Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

Doctor of Law. Department of Administrative Law, Procedure and Administrative Activity of Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine).

References

Bergling, P., Bejstam, L., Ederlöv, J., Wennerström, E., & Sannerholm, R. Z. (2008). Rule of Law in Public Administration: Problems and Ways Ahead in Peace Building and Development. Folke Bernadotte Academy.
Besson, S. (16-V-2009). The Human Right to Democracy: A Moral Defense with a Legal Nuance. Unidem Seminar “Definition and Development of Human Rights and Popular Sovereignty in Europe”. Frankfurt, Main, Germany.
Besson, S. (2013). The Law in Human Rights Theory. Zeitschrift für Menschenrechte, Journal for Human Rights, 13 (1), 120-150.
Chub, A. V. (2020). Structure of the Administrative and Legal Mechanism of Protection of the Subjective Public Rights of a Private Person. Law Bulletin, 14, 163-170. Doi: https://doi.org/10.32850/LB2414-4207.2020.14.20
Criddle, E. J., & Fox-Decent, E. (2012). Human Rights, Emergencies, and the Rule of Law. Human Rights Quarterly, 34, 39-87.
Demenchonok, E. (2009). The Universal Concept of Human Rights as a Regulative Principle: Freedom versus Paternalism. The American Journal of Economics and Sociology, 68 (1), 273-302.
Emadoleslami, Z., & Ghorbani, H. (2019). Preliminary Phase of the Right of Assessment in Iran and France with Emphasis on One Article to Respect Legal Freedom and Protection of Citizenship Rights. Jurnal Cita Hukum, 7 (3), 335-350. Doi: 10.15408/jch.v7i3.11542
Hamalii, O. L. (2014). Rights of Citizens as an Object of Private and Legal Protection by State Authorities. Law and Safety, 1, 28-33.
Honcharuk, S. T. (2017). Realization of the Right to Protection Within Proceedings on Administrative Offenses. Internauka, 4 (2), 100-104.
Jasanoff, S. (2012). Taking Life: Private Rights in Public Nature. In Kaushik Sunder Rajan (Ed.), Lively Capital: Biotechnologies, Ethics, and Governance in Global Markets. Duke University Press.
Khadzhyradieva, S., Slukhai, S., & Rachynskyi, A. (2020). Public Administration in Ukraine: Adjusting to European Standards. NISP Acee Journal of Public Administration and Policy, 13, 81-108.
Koprić, I. (6-X-2019). Public Administration in a Democratic Society: Thirty Years of Democratic Transition in Europe. Centre for Advanced Academic Studies (CAAS). Dubrovnik, Croatia.
Kuleshov, D. V. (2018). Court Protection of Human Rights as a Guarantee of Constitutional System of Ukraine. The Journal of V. N. Karazin Kharkiv National University, 25, 148-151.
Matselyk, T. O. (2011). Subjective Public Law as a Legal Phenomenon. Law Herald, 3 (20), 67-71.
Muza, O. V. (2019). The Administrative Legal Mechanism to Defense the Rights, Freedoms and Interests of the Physical and Juridical Persons in Ukraine.
Nemerebaeva, A. (2019). The Justification of Human Rights in Public Administration. [Correspondence]. The European Journal of Law and Political Sciences, 1 (2), 22-24. Doi: https://doi.org/10.29013/EJLPS-19-1.2-22-24
Noeske, J. (2014). Private Rights vs. Public Good: A Matter for Opinion Polls? The International Journal of Tuberculosis and Lung Disease, 18 (9), 1132-1132. Doi: https://doi.org/10.5588/ijtld.14.0149
Paseniuk, O. M., & Kornuta, R. I. (2008). On the Nature of Subjective Public Law. Law of Ukraine, 8, 58-63.
Russell, A. (2003). Private Rights and Public Policy. Computer Law & Security Review, 19, 411-415.
Sever, T., Rakar, I. & Kovač, P. (2015). Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe. DANUBE, 5 (4), 249-275. Doi: https://doi.org/10.2478/danb-2014-0014
Sigmundová, E. (2017). Means of Protection of Individual Rights in Public Administration: System and Efficiency. Public Governance, Administration and Finances Law Review, 2 (1), 56-58.
Vovk, P. V. (2019). Protection of the Rights, Freedoms and Legitimate Interests of Private Individuals as the Mission of Administrative Legal Proceedings Existence. Comparative-Analytical Law. Doi: 10.32782/2524-0390/2019.6.133
Published
2022-02-01
How to Cite
Brusakova, O., Karmaza, O., Vasylenko, V., & Moroz, V. (2022). Public Administration and the Protection of Private Rights: Questioning Its Recognition and Application Under Ukrainian Law. Ius Humani. Law Journal, 11(1), 29-41. https://doi.org/https://doi.org/10.31207/ih.v11i1.294