1. ПОНЯТТЯ ТА ОСОБЛИВОСТІ ДЕРЖАВНО-СЛУЖБОВИХ ВІДНОСИН У ПРАВООХОРОННИХ ОРГАНАХ
- Author
-
О. А., Присяжнюк
- Subjects
LEGAL norms ,LAW enforcement agencies ,LEGAL rights ,ADMINISTRATIVE law ,LAW enforcement - Abstract
The article analyzes and reveals the concept of state-official legal relations in state authorities in general, and law enforcement agencies in particular, it is emphasized that these legal relations are characterized by specificity and have a direct impact on the development and functioning of the state apparatus, as well as create the basis for the effective implementation by public servants of their direct powers and functions that were delegated to them by society and the state. It is emphasized that in modern legal science, the essence of the definition of «legal relations» lies in the understanding of relations between natural persons, which embody the legal reflection of social, political, economic, family, in some cases, moral, as well as other social relations, which sublimate the process of emergence, change and termination of a social relationship based on legal norms, the participants of which have legal rights and obligations, the observance of which is guaranteed by the state. It was established that there are no clear criteria for belonging of the phenomenon of state-service relations to a specific group of legal norms in the modern legal system. It was established that state-official legal relations are governed by the norms of labor and administrative law according to the main criteria. It was noted that the genesis of public-service legal relations lies in the synthesis of social relations regulated by the current legislation, which are formed with the participation of the state in the personification of its bodies and relevant officials on the one hand, and civil servants - on the other, which are implemented in order to fulfill the tasks and function s of the state services. It is emphasized that state-official legal relations, including in law enforcement agencies, are a phenomenon inherent not only in the field of civil service, the main principles of which are regulated by the Law of Ukraine «On Civil Service», the process of serving in the Armed Forces of Ukraine should also be considered as such, the National Guard of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the Prosecutor's Office and other law enforcement and human rights protection bodies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF