Subjects of public law: interpretational aspects of normative provisions of international legal instruments and legislation of Ukraine

Abstract

The article examines the normative provisions of international legal instruments and national legislation that contain defining aspects of subjects of public law. It is established that the concept of «subject of public law» is closely related to the concepts of «public service,» «public interest,» and others. The analysis of the content of these concepts demonstrates that subjects of public law are endowed with rights and legal obligations aimed at safeguarding, regulating, and ensuring the public interest. The key aspects of the latter are identified in international legal instruments. In particular, the normative provisions of the Universal Declaration of Human Rights indicate that public interest is the aspiration to achieve the common welfare in society. The Charter of the United Nations contains provisions that perceive public interest as the absence of threats to peaceful coexistence of all nations.Based on this basis, public interest is defined as a priority task for states, public authorities, officials, etc., that have societal, state, or international significance and are driven by the necessity to achieve the common welfare of society.It is argued that subjects of public law should include the state as a whole and all state bodies (including those without legal personality) that are integral parts of the state mechanism. They have their own structure defined by law, clearly delineated powers in the exercise of state authority, and also encompass any private law entity that performs the functions of a state body. Public authorities without legal personality include territorial bodies of the central executive authority responsible for implementing state customs policy and central executive authorities responsible for implementing state tax policy. Legal entities of public law are also considered subjects of public law, despite not being part of the executive authority system. The constitutional and legal status of local self-government allows it to be characterized as an independent form of public authority alongside state authority within a territorial community. In addition to the mentioned subjects, other subjects of public law are identified, such as state registrars and subjects of state registration, who are authorized by law to provide administrative services.It is noted that the study of normative legal provisions containing defining aspects of subjects of public law enhances the cognitive possibilities for a systemic understanding of the subjective-substantial component of the national legal system. It contributes to the improvement of the functioning and interaction of public authorities, which is an important factor in building the rule of law and ensuring the rights and freedoms of individuals and citizens.The most significant features of subjects of public law are identified, namely: they are formed in accordance with the norms of public law, their purpose of creation and activity is to ensure the realization of public interest, their establishment and functioning are not dependent on private will and private interests of individuals, they facilitate the implementation of state governance and/or the performance of tasks and functions of the state as envisaged by the Constitution and laws of Ukraine. They are empowered to exercise state authority within the scope of their powers, based on and in the manner prescribed by legislation.Subjects of public law are proposed to be understood as participants in public legal relations that are established in a defined manner by imperative legal norms in order to ensure the realization of public interest.These subjects are endowed with state authority and empowered to engage in socially significant activities to achieve this goal.