Legislative regulation of the protection of citizens' rights in the field of public administration: national and international aspects

Abstract

The article analyzes the theoretical and applied aspects of legal and regulatory framework for the protection of citizens' rights in the field of public administration. Certain aspects of national legislation and legislation of the European Union member states are considered.

The purpose of the article is to study the category of “protection” of citizens' rights in the field of public administration and the legislative regulation of protection of the relevant citizens' rights at the national level, to compare it with the international legislation regulating this area and to suggest ways to harmonize Ukraine's national legislation with international standards.

In particular, attention is drawn to the fact that under the martial law regime, the Ukrainian Parliament Commissioner for Human Rights continues to work to protect the rights of citizens. The annual report outlines the main challenges and trends in the field of human rights protection faced by the Ombudsperson's institution under martial law.

It is noted that the harmonization of Ukraine's national legislation with international aspects is one of the prerequisites for ensuring economic integration and political association of Ukraine with European countries.

The study is based on the use of the comparative analysis method to study national legislation and international legislation on the protection of citizens' rights in the field of public administration. In addition, the method of content analysis was used to study the impact of international aspects on reforms in Ukraine. Using the systematic method, the author identifies problematic issues and suggests ways to improve the legal framework.

Unresolved issues include the short timeframe established by law for bringing other legal acts into compliance with the requirements of the law; frequent changes in the legislation governing the rights of citizens in the field of public administration; the need to adopt bylaws to implement the relevant provisions of the law; and the martial law regime, which does not facilitate legislative reform.

Prospects for further research include improvement of the national legislation of Ukraine and its adaptation to the legislation of the European Union Member States on the protection of citizens' rights in the field of public administration.

The results of the study may be useful for lawyers, students and any other persons interested in administrative law.

The conclusions of the study are focused on the fact that: the category "protection" of citizens' rights includes the protection mechanism and the protection itself; one of the fundamental conditions for the effective functioning of any sphere of social relations is its proper regulatory and legal support, which is carried out on the basis of the norms of the current national legislation; to date, the implementation of the human rights function of the state in the field of public administration regarding the regulation of the protection of citizens' rights lays the legal foundations for the relationship of private individuals with the bodies of executive power to protect the rights of citizens.