
The concept and content of administrative and legal support of public control
Author(s) -
O. Pashchynskyi
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.68.31
Subject(s) - competence (human resources) , political science , public relations , context (archaeology) , state (computer science) , government (linguistics) , legal research , control (management) , law and economics , law , public administration , sociology , psychology , social psychology , management , computer science , economics , paleontology , linguistics , philosophy , algorithm , biology
The purpose of this article is to define the concept and features of the administrative and legal support of public control.
The author substantiates that in the context of the modern development of social relations, the issues of defining the concept and content of administrative and legal support of public control acquire an urgent importance and require detailed scientific research.
The article examines theoretical and methodological approaches to understanding the concepts of “security”, “legal support” and “administrative and legal support”. Attention is focused on the fact that some of the scientists
note the procedural aspect of understanding this concept. Another part of scientists notes the activity aspect, proposing to consider legal support as a specific activity, which is manifested in the continuous activities of legal entities, state bodies, public organizations, officials and citizens. The article argues that the most correct for understanding and disclosing the essence of “legal support” is precisely the activity approach, because this phenomenon is associated with the performance of a certain set of actions. Thus, in the context of the study, we can conclude that legal support is the activity of the state, state authorities and local self-government regulated by the norms of law, aimed at ensuring the rights, freedoms and legitimate interests of individuals, as well as their implementation.
The article establishes that the presence of effective administrative and legal support for public control over the activities of local self-government bodies in Ukraine allows: 1) to clearly delineate the competence to perform certain actions in the field of public control; 2) find out the features of the functioning of public control; 3) identify conflicts of administrative and legal support of public control.
It has been determined that the administrative and legal support of public control is the activity of subjects of state power, regulated by law, aimed at ensuring the functioning, ordering, development and protection of public relations in the field of activities of local self-government bodies through the commission of organizational, legal and administrative actions of a public nature in order to fulfill tasks and implementation of the goals of public control.
The author has proved that the system of elements of the content of administrative and legal support of public control consists of two key groups, which include: 1) main elements: object, subject, administrative and legal relations; 2) additional elements: principles, means, methods, forms and methods.