Адміністративно-правове забезпечення реалізації конституційних прав і свобод людини і громадянина: сутність, поняття та ознаки

The article outlines the features of administrative-legal support for the implementation of constitutional rights and freedoms of man and citizen. In particular, the following are: its legal nature, which is expressed in the normative consolidation within the framework of legal support of substantive legal rules of conduct (regulatory aspect) and procedures for compulsory enforcement of their observance by the state (protective aspect); its public-legal nature, which is associated with the fact that administrative-legal support is primarily aimed at social relations regulated by the norms of administrative law, including those that arise during public administration in one or another of its spheres, administrative procedures for the provision of administrative services, citizens’ appeals, etc.; the presence of a set of legal means and instruments, the mechanism for using which is enshrined in the norms of administrative law; the procedural form of using administrative-legal means; its focus on creating conditions through administrative law for regulating relevant social relations, outside the subject of administrative law (separate groups of financial, civil, constitutional, land and other legal relations); its focus on creating conditions and further ensuring the implementation of individual constitutional rights of citizens, property, as well as personal non-property human rights. It is noted that the opinions and conclusions formulated by us provide grounds for considering the administrative and legal support for the implementation of constitutional rights and freedoms of man and citizen in two aspects - broad and narrow. In a broad sense, it covers all administrative and legal, organizational and administrative and procedural means of public administration, which are aimed at the implementation of constitutional rights and freedoms of citizens. A narrow understanding of this category includes specific regulatory and legal mechanisms that ensure the effectiveness of law enforcement, control over compliance with administrative and legal norms and protection of citizens’ rights in this area.