Subject Of Administrative Law Research Articles

Features of the actors ensuring national security of Ukraine

The article aims to elucidate the key features of the actors ensuring the national security of Ukraine. Methodology. The methodological basis for the research is a set of modern general and specific methods and techniques of scientific knowledge, such as logical and semantic, dogmatic, analytical, documentary analysis, classification and systematization, modeling and forecasting methods. Research results. It was stated that these actors possess a specific set of minimal characteristics, which qualifies them as integral components within the structure of entities responsible for ensuring national security. In their activities, they pursue specific goals, thus implementing the function of ensuring national security. Thus, the corresponding circle of actors perform actions that are characterized by a special content, which is based on the rules of current legislation. Practical implementation. A notable feature of the entities under consideration is the performance of an important public meta function – the function of ensuring national security. This function is realized through the implementation of a set of target functions aimed at ensuring the conditions of national security. These target functions include law-making, protective, security, defense, control, coordination, ideological, and educational functions. It is also important to keep in mind that the studied actors are engaged in activities consistent with the principles of ensuring national security and comply with the requirements of current legislation. Value/originality. It is concluded that under current national security doctrine of Ukraine the actors ensuring it appear as subjects of administrative law, which are characterized by certain key features.

The purpose of administrative ensuring the balance of interests in the field of environmental regulation

The article examines the purpose of administrative maintenance of the balance of interests in the field of environmental regulation. Systemic, structural-functional methods and the method of comparison were used for the research. The topicality of the topic is due to the need to increase the effectiveness of the legal regulation of environmental protection, environmental safety, and nature management. In the context of current environmental legislation, the purpose and tasks of legal regulation are considered. It is noted that the subject-objective basis of administrative-legal regulation, which is expressed with the help of the concept of the idea of law. The latter acts as a legal idea of administrative and legal regulation in the field of ecology and forms the subject- objective basis of content and research. It is noted that the specification of the concept is manifested in the understanding of the balance of interests as a planned result of the coordination of the public interest of protecting the natural environment with basic public interests (economic well-being of citizens, security, and others), even with private interests. Protection of the public interest should have the ultimate goal of protecting the rights and freedoms of a specific person and citizen of the state. The purpose and planned result of the reconciliation of interests is to ensure basic public interests, ensure the subjective environmental rights and legitimate interests of citizens, and protect them from the misconduct of powerful subjects of administrative law in the field of legal regulation of environmental protection. The administrative-legal maintenance of the balance of interests in the field of environmental regulation is defined as a system of organizational, material and procedural administrative-legal means, with the help of which, in the process of realizing the public interest of environmental protection, basic public interests are ensured, the rights and legitimate interests of individuals and legal entities are ensured and protected.

Traditions and Innovations of Teaching and Conducting Scientific Research in Administrative and Legal Disciplines at Baikal State University

The purpose of the study is to update the problem of conducting scientific research and teaching administrative law as one of the most complex and voluminous branches of Russian law. Modern Russian administrative law has a strong foundation in the form of Soviet administrative law. In modern Russia, it has significantly transformed under the influence of foreign scientific doctrine, the challenges facing the Russian state and society. There is a multifaceted subject of administrative law and a wide representation in the curricula of many universities of the disciplines of the administrative law’s cycle. The article also discusses the peculiarities of teaching the disciplines of the administrative and legal cycle at Baikal State University, promising areas of study of administrative and legal phenomena by employees of the University. It was concluded that it is necessary to further improve the methodology for teaching disciplines of the administrative and legal cycle at the university, to involve young scientists in the process of knowing the institutions of administrative law, which is currently actively developing in Russia.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

The influence of the legal regime of martial law on the legal status of subjects of administrative law

The article analyzes the influence of martial law in Ukraine on the administrative-legal status of subjects of administrative law. The subject of administrative law is the bearer of rights and responsibilities in the field of public administration, which are defined by administrative and legal norms, who is capable of exercising the rights granted and performing the assigned duties. It has been established that in a modern democratic, social and legal state, administrative law should be oriented towards ensuring the needs of a private person in his relations with public authorities. The normative basis of such an approach is the Constitution of Ukraine, where it is established that the establishment and provision of human rights and freedoms is the main duty of the state, the procedure for the implementation of which should be established by the norms of administrative law. It was noted that the introduction of martial law in Ukraine changed the functioning and development of social relations in all spheres of social life. Special responsibility under such conditions was assigned to state and local self-government bodies. In the conditions of martial law, they have a special role, since they are called to ensure the realization of the rights and freedoms of private subjects in these extraordinary circumstances, which have formed in our state for the sake of security and peace. It is noted that the state of war affected the administrative and legal status not only of representatives of the authorities, but also of private subjects of administrative law. Individuals and legal entities under private law, who are subjects of administrative law, found themselves in extraordinary conditions related to military aggression and the occupation of part of the territory of Ukraine. Thousands of Ukrainian citizens suffered as a result of the aggression of the Russian Federation. In connection with this, their administrative legal personality has changed. In connection with the introduction of martial law and general mobilization in Ukraine, a number of new administrative and legal responsibilities were imposed on Ukrainian citizens and their individual rights were limited. It was concluded that the fundamental rights of a person and a citizen are not subject to restrictions even during the period of martial law. After all, without their provision and guarantee, the existence of a person and a state in a legal democratic field is impossible.

Financial and legal status of public law legal entities

The purpose of the article is to establish the financial and legal status of legal entities under public law as subjects of administrative law.
 The article is devoted to the study of the concept and essence of «legal entity under public law». The authors analyze different approaches to the definition of this term, including its relation to the concept of «public legal entity». They point to the need to establish clear criteria for distinguishing legal entities under public and private law.
 The article also examines the relationship between legal entities under public law and public law entities, revealing their specific legal capacity and legal capacity. The authors emphasize the special procedure for the creation, reorganization and liquidation of legal entities under public law, which is based on administrative acts of state authorities or territorial communities . The article also discusses the debatable issue regarding the criterion for distinguishing legal entities of public and private law and its exclusivity.
 The article examines in detail the peculiarities of legal entities under public law, including their creation, reorganization, liquidation, as well as their financial and legal status. The authors analyze the official explanations of the National Agency for the Prevention of Corruption, which provide a detailed description of the characteristics of legal entities under public law. They also consider the issue of ownership and use of property by legal entities under public law. The article helps to better understand the differences between legal entities under public and private law.
 The article examines the financial and legal status of legal entities under public law, in particular, their main sources of financing, rights and obligations regarding property and financial management. The authors emphasize the importance of state control and supervision of financial operations of such legal entities, as well as their obligation to ensure transparency and openness of their financial activities. The article makes a valuable contribution to the understanding of the financial and legal status of legal entities under public law.

Concept of administrative and legal status of subjects of state anti-corruption policy in Ukraine

The article examines scientific approaches to defining the concepts of "subject of administrative law", "status", "legal status", "administrative-legal status". It was found that the anti-corruption legislation does not contain the concept of "subject of state anti-corruption policy". It has been proven that the main subject of the state anti-corruption policy should be the people of Ukraine, who develop and implement policy measures through state and local self-government bodies. A broad approach to understanding the system of subjects of the state anti-corruption policy, which includes the system of subjects of combating it as a constituent element, and citizens and civil society occupies one of the main places in this system, is substantiated.
 The views of scientists regarding the classification of subjects of the state anti-corruption policy are analyzed. It has been proven that the existing scientific approaches are characterized by a certain complexity and burdensomeness, or on the contrary, they narrow or do not reveal the completeness of the system of subjects of the state anti-corruption policy. Most of the existing classifications are reduced to subjects of prevention and fight against corruption. It is substantiated that the existing approach to classification is not fully in harmony with the system of subjects of the state anti-corruption policy, as well as with the list of functions performed by individual subjects in the development of its measures, carried out in monitoring the state of implementation, etc. It is proved that the system of subjects of state anti-corruption policy is much wider than the system of subjects of fighting it. The subjects of the state anti-corruption policy are proposed to be understood as the people of Ukraine, bodies of state and local self-government, public associations, institutions and organizations, and persons who have rights and are endowed with duties (obliged or must participate) in the development and implementation of the state anti-corruption policy.
 The features of the concepts "subject of state anti-corruption policy" and "administrative-legal status of the subject of state anti-corruption policy" have been summarized, corresponding author's concepts have been formulated. The system of subjects of the state anti-corruption policy was also divided into main groups.

Correlation of legislation on administrative proceedings and on administrative offenses

Based on a complex system analysis, the article examines the theoretical and legal principles that determine the relationship between legislation on administrative proceedings and administrative offenses in the context of adaptation to the European legal space. The research used general scientific methods and methods of private scientific knowledge - formal-logical, formal-legal, historical-legal, comparative-legal, and systemic-structural. Based on the analysis of current legislation and various scientific approaches, it is concluded that administrative proceedings should be understood as the form of administration of justice by a competent court in an administrative case; the procedural law-established form of court activity in accordance with the tasks, principles, institutions and norms of administrative law and process, in compliance with the rules of competence, sub-department, jurisdiction, procedural rights and guarantees of the participants in the case and process. It noted that the interrelationship of administrative proceedings and proceedings in cases of administrative offenses determined by a common goal – protection of the rights, freedoms and interests of individuals and legal entities in the field of public legal relations from violations by authorities. The relationship between administrative justice and civil and economic procedural law indicated. It indicated that proceedings in cases of administrative offenses are within the competence of a wide range of subjects of administrative jurisdiction: judges, collegial bodies, officials of public authorities. Proceedings in cases of administrative offenses are legally authoritative activities of authorized subjects of administrative law (judges, bodies, officials) regarding the resolution of cases of administrative offenses, which carried out in an administrative-procedural form. Administrative proceedings is a branch of judicial activity, which introduced as a means of judicial control in the field of public-legal relations, which distinguishes administrative proceedings from proceedings in cases of administrative offenses.

ВОПРОСЫ ПРЕДМЕТА АДМИНИСТРАТИВНОГО ПРАВА И ПОЛИЦЕЙСКОЙ ДЕЯТЕЛЬНОСТИ: СООТНОШЕНИЕ И ВЗАИМОДЕЙСТВИЕ

The question regarding the subject of administrative law is not new, but it has not been definitively resolved in constructive terms. It should be noted that the correct definition of the subject of legal regulation is the key to the effectiveness of such an impact, in addition, understanding the subject makes it possible to better systematize legal material officially and informally, as well as teach the relevant branch of law. The existence of such a branch of law as "administrative law" in the legal system is not disputed by anyone, however, the subject content of this branch is still important, the allo-cation of key institutions in it that form it today. Administrative law largely determines the legal quality of police activity, and therefore we will implement the ratio of the designated categories.

CONCEPT AND CLASSIFICATION OF NON-BANKING FINANCIAL INSTITUTIONS

The purpose of this article is to define the concept and classification of non-bank financial institutions. Subject of the research – concept and classification of non-bank financial institutions. The concept of a non-banking financial institution is presented; the characteristics of a financial institution are defined; the classification of non-banking financial institutions has been carried out; the classification of financial intermediaries has been carried out; the concept of investment funds is defined; the classification of NFIs by lending method has been carried out; the functions performed by financial intermediaries between creditor and borrower are defined; the concept of a credit union is presented. Credit unions are a relatively new and under-studied type of financial institution. Looking at them in the context of the system of subjects of administrative law, it should be noted that they occupy a special place because, thanks to them and their activities, the state in a certain way performs its functions and tasks. Credit unions do not exist in a legal vacuum, they are not completely separated from the state, they are not subject to regulation by only one branch of the law, nor are they the subject of research in only one branch of the law. Credit unions are in constant close interaction with the state, its bodies, systematically feel its influence or the influence of the legal and political processes taking place in the state. Methodology – the article uses general scientific methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction and modelling). Results. The concept of a non-banking financial institution is defined – as a legal entity that is not a bank, has a special legal status of a financial intermediary, is registered in the Unified State Register of Financial Institutions on the basis of a licence issued by the National Bank of Ukraine, provides one or more financial services in the markets of insurance, credit cooperatives, accumulating pension funds, attracting investments from business entities and the population; has been classified as a non-banking financial institution; has demonstrated that important elements of the system of administrative and legal regulation and supervision are in place: requirements for reporting by NFIs, conducting scheduled and unscheduled inspections of their activities and ensuring compliance with legal requirements, in particular by applying certain influence measures in case of detection of violations of legislation.

Subject and system issues of Administrative Law (Part 1)

The article examines the subject of Administrative Law. The system of Administrative Law presupposes a combination of the norms of management law and the norms of Police Law, which is confirmed by the example of the implementation of administrative and police coercion, administrative and police supervision.

A citizen of the Russian Federation as a subject of administrative law: features of the legal status

A citizen of the Russian Federation as a subject of administrative law: features of the legal status

Formation and development of branches of law in the historical and modern legal reality of Russia: in 12 vols. Vol. VIII Administrative Law in the system of modern Russian law / ed. by R.L. Khachaturov, A.P. Shergin

The review analyzes the content of the collective monograph “Administrative Law in the system of modern Russian law”, which examined the theoretical, methodological and applied problems of modern Administrative Law. It is emphasized that the book under review, on the one hand, acts as a kind of guide to various issues of Administrative Law, and on the other hand - is a systematic fundamental scientific research of industry nature. It is concluded that there are three types of chapters in the monograph: first, these are the classical chapters (subject of Administrative Law, administrative legal relationship, administrative enforcement, etc.); secondly, these are new chapters prompted to the authors by the ongoing changes in modern realities; thirdly, these are classic discussion topics. It is noted that the work under review is relevant, scientific, systematic, therefore it will take its rightful place in the library of modern scientific works on Administrative Law.

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

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.

Contribution of Professor D.N. Bakhrakh in the Development of the National Science of Administrative Law

The article is devoted to the analysis of the scientific heritage of the outstanding domestic scientist-lawyer, Doctor of Law, Professor, Honored Scientist of the Russian Federation Demyan Nikolaevich Bakhrakh, who would have turned 90 in 2022. The main milestones of the life path of D.N. Bakhrah are briefly described, an overview of his main works on the theory of administrative law is presented. The evolution of the scientist›s views on the content and structure of the subject of Russian administrative law has been detailed. His contribution to the doctrine of individual and collective subjects of administrative law has been analyzed. It was concluded that the structure of the content of the administrative and legal status of collective subjects of administrative law proposed by D.N. Bakhrakh has found active support in the scientific world and now has actually become a doctrine.

СУЧАСНІ ПІДХОДИ ДО РОЗУМІННЯ СУТНОСТІ ТА ЗМІСТУ КАТЕГОРІЇ «АДМІНІСТРАТИВНИЙ ПРИМУС»

The article, the nutrition of the current approaches to the understanding of the daily life and the substitution of the category “Administrative Primus” is considered. Emphasis is placed on the fact that among a wide range of methods of state administration, the role played by the administrative primus is significant. The types state and legal coercion are revealed. In particular, administrative and legal coercion, among other types of state and legal coercion, is separated by the subject of legal regulation. It is determined, that administrative coercion should be understood as an imperative activity carried out by authorized subjects of public administration and provides for the application of measures of influence against subjects of administrative law in case they violate the requirements of administrative law. The features of administrative coercion as a separate type of state coercion are singled out, in particular they include: state-authoritative nature of measures of administrative coercion, regulation of administrative law, the presence of special subjects, variety of measures of administrative coercion, expression in the form of mental, moral, physical, material or organizational impact; the specific nature of the grounds for application, the purpose of application is to stop illegal acts, bring the perpetrators to justice, ensure public safety.

Once again about the Subject of Administrative Law and its Norms

The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.

Once again about Administrative Legal Relations

The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.

Issues of the Administrative Law System

The author examines the administrative law, reveals the system of it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on such elements of the administrative law system as: management law; police law; administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content, on the other hand, they complement each other forming such a phenomenon as modern "administrative law". The author notes that the analysis of the correct definition of the definition of the subject of administrative law will increase the effectiveness of its study. The main conclusion that is made in this article is that the management concept dominates in the educational literature on administrative law, regarding the subject of this industry. Within the system of administrative law, the norms of management law and the norms of police law are harmoniously combined, this is clearly seen in the example of the implementation of administrative and police coercion, administrative and police supervision. The police component within administrative law is sometimes called negative law, but one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects, to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.

Norms of administrative law: a modern view of the features and essence

An attempt is made to analyse the features and essence of the rules of administrative law in terms of recent trends in the doctrine of administrative law. In particular, among the permanent features of the rules of administrative law are the following: are the primary elements of the system of administrative law; have a specific structure due to the sphere of objectification; aimed at the legal regulation of those social relations that constitute the subject of administrative law; their priority goal is to provide conditions for the implementation and protection of individual rights and freedoms in the public sphere; the vast majority of administrative law is imperative, but at the same time, a significant number of administrative law is dispositive in nature, which consists in giving an entity that is not endowed with administrative powers, the right to act at its discretion; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).
 Based on this, it is summarized that the administrative law is the primary element of the system of administrative law, which has a specific structure due to the scope of objectification, aimed at legal regulation of public relations that are the subject of administrative law, with priority to provide conditions for implementation and protection of the rights and freedoms of the person in the public sphere, the realization of which (goal) is ensured by means of a system of certain means (state-coercive, stimulating, etc.).