ОСНОВНІ СКЛАДОВІ ЕЛЕМЕНТИ АДМІНІСТРАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ПРАВ І СВОБОД ЛЮДИНИ

Abstract

The article defines the main constituent elements of the administrative and legal provision of human and citizen rights and freedoms. The content of administrative and legal support is clarified, in particular, it is proposed to understand how the activity of state authorities is determined and regulated by legislation, in order to ensure the optimal mechanism for organizing, consolidating, implementing, protecting and protecting social relations with respect to human rights and freedoms. An analysis of concepts similar in content in different variable combinations was carried out. It is noted that under "collateral" should be understood the conditions of guarantee. Legal support is the activity of the state regulated, established and aimed at realizing the rights, freedoms and legitimate interests of its citizens. It is emphasized that the mechanism of administrative and legal protection of human rights and freedoms is a single integral system of legal means, with the help of which legal regulation of social relations is carried out. The author traditionally proposes to include the norms of administrative law among the elements of the mechanism of administrative and legal support; legal fact; acts of direct implementation of the right; acts of application of the law, which establish and implement the provisions of administrative and legal norms. It is said that administrative and legal norms are the primary structural elements of administrative regulation of social relations in the sphere of ensuring the rights and freedoms of a person and a citizen. It is emphasized that they occupy the central link, since their absence leads to inactivity of the entire system of functioning of administrative law. In conclusion, it is outlined that the mechanism of administrative and legal protection of human rights and freedoms has its own specifics, in particular: the structure of the mechanism, which includes two interconnected subsystems; the mechanism acts as a means of implementing state power in relation to the management of public relations as a whole; the mechanism of administrative and legal support is characterized by its own, specific content.