CONTENT OF ADMINISTRATIVE AND LEGAL RELATIONS IN THE SPHERE OF ENSURING PUBLIC SAFETY
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The author of the article has studied theoretical and legal definition of administrative and legal relations. The general features of legal relations arising in the state and legal mechanism of the realization of the legislation have been determined. It has been emphasized that within there is a need to consider administrative and legal relations in the framework of the analysis of ensuring public safety, singling out their specific features from the whole array of legal relations. It has been noted that unfortunately, the legal definition of this category is still not consolidated at the legislative level, however, there is a number of general theoretical definitions of scholars in the field of administrative law, who exhaustively define the features inherent in administrative and legal relations. It has been concluded that administrative and legal relations in the field of ensuring public safety are social legal relations regulated by the norms of administrative legislation, the content of which includes the formal legal capacity and passive dispositive capacity of the subjects of these legal relations that form a mechanism for creating organizational and legal conditions for the proper functioning of the public safety system in the state The author has noted the correspondent nature of the content of any administrative and legal relations, where relations arising in terms of ensuring public safety are not exceptions. Thus, the subject structure will consist of individuals with the rights and respective responsibilities in the specified area, but it should be noted that the content of these rights should be within the limits defined by the legislation, primarily by the norms of the Constitution of Ukraine, international treaties ratified by the state, and other subordinate normative and legal acts.The conducted analysis made it possible to assert that a large number of different legal relations may arise in the field of ensuring public safety, where the leading place among them is occupied by administrative and legal relations. Thus, administrative and legal relations are an obligatory part of the structure of ensuring public safety in Ukraine in order to maintain law and order and to strengthen the national security of the state, but other types of legal relations may also arise in the specified sphere (for example: international ones, etc.), however, their formation may have short-term, non-binding nature.
Authors and Affiliations
О. О. Панова
Keywords
Related Articles
- EP ID EP642870
- DOI -
- Views 84
- Downloads 0
SOME DISCUSSION QUESTIONS ABOUT THE ATTEMPTED CRIME
In this article analyzes the exist in science of criminal law point of view about the possibility of criminal responsibility for an assassination attempt at excess of the measures needed to detention offender. Article ha...
THE ELEMENTS OF ADMINISTRATIVE OFFENCES IN THE AREA OF PREVENTION TO LEGALIZATION OF PROCEEDS DERIVED IN A CRIMINAL WAY
The Article is devoted to the analysis of the elements of administrative offence in the area of prevention and counteraction to legalizing (laundering) incomes derived in a criminal way, and to financing terrorism as wel...
COUNTERACTION TO DRUG ABUSE AND DRUG-RELATED CRIMES
The article considers drug addiction as a morbid condition that causes dangerous health consequences and contributes to the growth of drug-related crime. The need for international and national drug control, designed to...
TO THE QUESTION OF LEGAL ADJUSTING OF PARTICIPATION OF UKRAINE IN PEACEKEEPING OPERATIONS
The article is devoted to the present state of legislative settlement of participation of Ukraine in international peacekeeping operations. The author examined and analyzed peacemaking operation activity through a framew...
PROBLEMS ASPECTS OF PROTECTION THE INFORMATION SOVEREIGNTY OF THE STATE AND POSSIBILITYES OF ITS PROTECTION IN UKRAINE
Traditional conception of state sovereignty is the basis of all modern system of international relations, in the last decades exposed to the systematic «attacks» from the side of row of the leading states. Thus, in moder...