АДМИНИСТРАТИВНО-ПРАВОВОЙ МЕХАНИЗМ ЗАЩИТЫ ПУБЛИЧНОГО ИНТЕРЕСА

Abstract

In the article the author investigates the essence and components of the administrative-legal mechanism of protection of public interest in Ukraine. The author describes the normative, institutional and managerial levels of ensuring the effectiveness of the administrative and legal mechanism of protection of public interest. The author determines that the normative level of the administrative and legal mechanism for the protection of public interests is objectified in the aggregate of the norms of administrative law, which ensure the participation of non-authorized subjects of administrative law in the relations of power and administrative nature. The author concluded that the normative level of the administrative and legal mechanism for the protection of public interest is the source and legal basis for its implementation. Th e author stressed that the formation and development of institutional support for the protection of public interests in Ukraine requires further organizational, legal and regulatory changes. The author’s management level of the mechanism of protection of public interest is defi ned as a set of administrative procedures through which the realization of rights, freedoms and interests of non-authorized subjects of administrative law takes place. Th e author emphasized that administrative procedures are applied both within the framework of preventive protective activities (in the form of control and supervision of administrative proceedings, for example), and within the protection of violated public interests (in the form of an administrative appeal procedure). The author substantiated that the administrative and legal mechanism of protection of public interests is a theoretical construct, an “ideal model” that schematically reflects the normative background, the subject structure and the formal procedure for the implementation of administrative and legal measures in the field of preventive protection and protection and restoration of violated public interests. The author emphasized that the complexity and complexity of this category of administrative law is reflected in the need to specify the specified structural elements of the investigated mechanism in relation to certain public interests that need protection.