PURPOSE AND FUNCTIONS OF ADMINISTRATIVE AND LEGAL LIMITATIONS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The subject of administrative and legal restrictions are the rights, freedoms and interests of the subject of administrative law, which it has, but can not be implemented due to the emergence of administrative restrictions, which are specified in the regulations. The object of administrative and legal constraints is social relations, which provide for the application of administrative restrictions, in particular, public relations in the public law sphere: 1) relations regarding personal rights, freedoms and interests of a person; 2) relations regarding the restrictions related to the introduction of appropriate administrative regimes; 3) relations regarding the occurrence of restrictions that are related to the legal status of a person; 4) restrictive relations that arise in connection with the presence of a person in the public service; 5) relations arising from the application of the restriction, that is, between the counterparty and the subject of application (both as a subject of public administration and a court). It has been determined that the functions of administrative and legal constraints are the main directions of activity of the competent bodies aimed at protecting the rights and interests of the subjects of administrative law in various spheres of social life through the regulation and directing of behavior, actions of some subjects in favor of others. It is determined that functions of administrative and legal constraints, in our opinion, can be allocated depending on their purposefulness on: 1) basic and 2) derivatives. The group of main functions, in our opinion, include the following: security function; protective function; regulatory function; preventive function; organizational function; control function. The group of derivative functions of administrative and legal constraints include the following: information (communicative); educational (ideological); motivational.
Authors and Affiliations
В. Г. ЧОРНА
Keywords
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