Адміністративно-правовий захист осіб хворих на ВІЛ/СНІД в Україні / Administrative and Legal Protection of Persons with HIV/AIDS in Ukraine
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article is devoted to the study of the concept of administrative and legal protection. The main approaches to understanding these categories are analyzed. It is determined that there are three main approaches to understanding the correlation of these concepts. It is determined that the protection of the right arises after the violation of law and is provided by state coercion. The administrative and legal protection of the rights of people living with HIV / AIDS in Ukraine is expressed through measures of public administration and is carried out through the establishment of administrative and tort standards in this area and aimed at the restoration of violated rights. In the article, the author states that, through such methods of public administration as persuasion and coercion, the state creates conditions for ensuring the rights of people living with HIV/AIDS. Through the methods of persuasion, the state policy is implemented, aimed at clarifying, overcoming the main myths about HIV infection, forming a more tolerant attitude, clarifying the basic rights and opportunities of infected persons, as well as responsibility for violating the current legislation, both from the side of HIV carriers -infections and those who violate their rights. Forcibly acts in this context in the form of legal liability for violation of the law. It is highlighted that the state is a key element in ensuring the rights and freedoms of people with HIV / AIDS in Ukraine, because only the state has a specific set of methods that create the necessary conditions for further development of society.
Authors and Affiliations
Olga Kolodochka
Keywords
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