Peculiarities of legal regulation of the administrative-legal status of subjects of interaction between the state and the public

Abstract

The article offers a special analysis of the features of the administrative-legal regulation of the administrative-legal status of subjects of interaction between the state and the public in modern Ukraine. The coverage of the mentioned issue was carried out taking into account the following elements of the administrative and legal status of the listed subjects: 1) identification of the subjects of interaction; 2) the principles of the legal status of subjects of interaction are those fundamental, starting ideas, concepts that determine the construction of the entire administrative and legal status of the studied subjects and their further activities in the sphere of interaction. These principles include: democracy, rule of law, equality, voluntariness, transparency, publicity, initiative in interaction; 3) competence-authorizing element. Attention was drawn to the fact that the competence of state authorities and other representatives of the state in the field of interaction with the public today, as well as all other aspects of the administrative and legal status of the above entities, is not properly defined. Separate norms regarding the powers of state bodies to interact with the public are chaotically provided for in various normative legal acts; 4) responsibility of the subjects of interaction. The author concluded that the legislation lacks a systematic approach to the regulation of responsibility in the sphere of interaction between the state and the public, fixing the specifics of the composition of relevant violations and establishing the types of responsibility adequate to such violations, determining the specifics of the subjects of such responsibility; 5) a guarantee element, which is proposed to be understood as a set of special legal, political, economic, social and other means defined in legislation to ensure stable and effective interaction between the state and the public, compliance with generally recognized standards of such interaction in civil society and a democratic state, as well as protection of rights and interests of each of the parties.
 It was noted that, in general, characterizing the specifics of the normative-legal regulation of the content of the administrative-legal status of subjects of interaction between the state and the public, it should be noted that it is insufficiently filled with special administrative-legal norms that directly determine the peculiarities of the status of each subject as a participant in the interaction, the peculiarities rights and duties, tasks, responsibilities, principles of administrative and legal status in the defined area. In the structure of such an administrative-legal status, there are too few norms that specify the place and role of relevant subjects in the course of interaction between the state and the public.