Definition, signs and types of administrative and procedural guarantees
Established views and the need for their modernization
The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.
How to Cite
License
Copyright (c) 2021 DIXI
This work is licensed under a Creative Commons Attribution 4.0 International License.
Every single author of the articles has to declare that is an original unpublished work exclusively created by them, that it has not been submitted for simultaneous evaluation by another publication and that there is no impediment of any kind for concession of the rights provided for in the contract.
In this sense, the authors committed to await the result of the evaluation by the journal DIXI before considering its submission to another medium; in case the response by that publication is positive, additionally, the authors committed to respond for any action involving claims, plagiarism or any other kind of claim that could be made by third parties.
At the same time, the authors have to declare that they are completely in agreement with the conditions presented in their work and that they cede all patrimonial rights. These rights involve reproduction, public communication, distribution, dissemination, transformation, making it available and all forms of exploitation of the work using any medium or procedure, during the term of the legal protection of the work and in every country in the world, to the Universidad Cooperativa de Colombia Press.
Ahmad Tholabi Kharlie. The Application of the Strict Liability Principle in the Indemnity Laws for Livelihoods in Indonesia. Analysis of The Supreme Court’s Decision Number 1794K/PDT/G/2004. JURNAL CITA HUKUM (INDONESIAN LAW JOURNAL) 1. 2020. Pg. 65-84. https://doi.org/10.15408/jch.v8i1.15000
A. V. Malko & V. V. Subochev. LEGITIMATE INTERESTS AS A LEGAL CATEGORY. Legal Center Press. (2004). Pg. 266-267.
Iryna Lychenko. Administrative and Legal Basis Ensure the Protection of the Citizens’ Legal Interests in the Property Field. BULLETIN OF LVIV POLYTECHNIC NATIONAL UNIVERSITY 855. 2016. Pg. 412.
I. K. Bilodid (Ed.). DICTIONARY OF THE UKRAINIAN LANGUAGE (1970-1980). Nauk Opinion. (1980). Pg. 32-33.
Ivan Silich. Guarantees of Protection of Citizens’ Rights and Freedoms in the Administrative Process. Dissertation Ph.D. Kharkiv National University of Internal Affairs. (2008).
Lina Leontieva. WOMEN’S RIGHTS AND LEGAL GUARANTEES OF THEIR PROTECTION IN UKRAINE (THEORETICAL AND LEGAL ASPECTS). National University of Internal Affairs. (2005).
L. Yu Odegova, O. M. Dorosheva & E. V. Kulakova. JURISPRUDENCE: A TEXTBOOK. DonNU. (2018). Pg. 68-95.
N. V. Vitruk. On the Categories of the Legal Status of the Individual in Socialist Society. SOVIET STATE AND LAW 12. 1974.
Oleh Frytsky. CONSTITUTIONAL LAW OF UKRAINE. Yurinkom Inter. (2003). Pg. 177.
Oleksander Pabat. ADMINISTRATIVE-PROCEDURE GUARANTEES OF HUMAN RIGHTS AND FREEDOMS. Kharkiv National University of Internal Affairs. (2008).
O. M. Dorosheva & L. Yu Odegova. Constitutional Guarantees of Human and Civil Rights and Freedoms in Ukraine. LAW JOURNAL OF DONETSK UNIVERSITY 1. 2011. Pg. 30-35.
Petro Rabinovych. STRENGTHENING OF THE LEGALITY — THE PATTERN OF SOCIALISM. QUESTIONS OF RESEARCH THEORY AND METHODOLOGY. Higher School. (1975).
Viktor Pohorilko (Ed.). CONSTITUTIONAL LAW OF UKRAINE. Nauk Dumka. (1999).
V. A. Kuchynskyi. PERSONALITY, FREEDOM, LAW. Legal Literature. (1978).
V. V. Subochev. LEGITIMATE INTERESTS. Norma. (2008).
