Guarantees of implementation and protection of the administrative and legal status of a private natural person in the public sphere

Abstract

It is indicated that in the theory of law there are still quite relevant discussions regarding the definition of the criteria for the relationship and delimitation of such categories as “mechanism of legal regulation” and “mechanism of implementation and protection of the legal status of a citizen”. According to separate unified approaches to the criteria for distinguishing such categories, it is emphasized that, in general, the mechanism of legal regulation should be considered as a basic element of the mechanism of implementation and protection of the legal status of a citizen. The mechanism of legal regulation establishes the general principles of the implementation and protection of human rights and freedoms in a sphere independent of social legal relations, defining the fundamental principles of human and citizen participation, establishing a system of law enforcement and human rights protection means and methods of implementation and protection of the legal status of a private person.
 It has been proven that the system of guarantees for the implementation and protection of the administrative-legal status of a private natural person in the public sphere has a four-level structure, to which the level of regulatory regulation, institutional definition of the system, procedural order and the level of law enforcement are possible. At the administrative-legal level of the administrative-legal mechanism, ensuring the rights, freedoms and interests of private individuals is actually carried out with the help of a certain set of legal norms that provide guarantees for the exercise of subjective public rights in power-management relations. At the institutional level of administrative-legal regulation of the exercise and protection of subjective public rights, a private person is a certain set of state authorities and local self-government bodies (i.e., public administration bodies) that are obliged to perform the tasks of ensuring and promoting the realization of the administrative-legal status of a person and a citizen of Ukraine. The third level of the system of guarantees for the implementation and protection of the subjective public rights of a private person is the administrative-procedural (management) level, which includes a certain set of administrative procedures that allow the realization of the rights, freedoms and interests of non-authoritative subjects of administrative law.The law-enforcement level of the normative-legal mechanism for the protection of subjective public rights, freedoms and interests of individuals and legal entities includes a set of administrative and administrative-judicial procedures that allow to guarantee the realization of the rights, freedoms and interests of non-authoritative subjects of administrative law at the appropriate level of efficiency.