PECULIARITIES OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF HUMAN RIGHTS AND FREEDOMS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 47)Publication Date: 2022-01-31
Authors : Demchyk Nadiia; Holota Nataliia; Stets Oleg;
Page : 11-21
Keywords : protection; security; administrative responsibility; human rights and freedoms;
Abstract
The paper studies the features of administrative liability for violations of human rights and freedoms, as one of the important elements of human protection in modern conditions. The theoretical essence of the concepts «protection of rights», «protection of rights», «guarantee of human rights and freedoms» and «administrative responsibility» is analyzed and their main features are determined. It is established that the international protection of human rights and freedoms is defined as a set of norms governing the joint activities of states to protect violated human rights and freedoms, and provides for the definition of rights, freedoms and responsibilities of citizens to the state and responsibilities regarding the observance and protection of citizens' rights. It is determined that the international mechanism for ensuring human rights and freedoms provides control by the international community through special bodies over the implementation of states' obligations in the field of protection of human rights and freedoms. It is established that the protection of human rights and freedoms is an integral part of the international mechanism for the protection of human rights. It is determined that the Universal Declaration of Human Rights, adopted in 1948 and approved by the UN General Assembly, contained principles that enshrined fundamental human rights. It is established that the system of guarantees of human rights and freedoms in the European Union combines the following three main elements: institutional guarantees, procedural guarantees and material guarantees. It is established that administrative responsibility is a complex socio-legal phenomenon of modern legal reality. It is determined that administrative liability is understood as a type of legal liability, the main purpose of which is to comply with the law and to be liable for an administrative offense in the form of an administrative penalty. It is determined that persons who have committed an administrative offense are administratively liable for offenses related to non-compliance with established rules in violation of human rights and freedoms. It is established that administrative liability and the system of administrative offenses are determined by the Code of Ukraine on Administrative Offenses and other acts of current legislation.
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