Extrajudicial Control as a Way to Protect the Right to Freedom of Movement and the Right to Free Choice of Residence by Citizens of Ukraine
| Main Author: | K.M. Yablunovska |
|---|---|
| Format: | Article Journal |
| Bahasa: | ukr |
| Terbitan: |
, 2021
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| Subjects: | |
| Online Access: |
https://zenodo.org/record/4625838 |
Daftar Isi:
- The article is devoted to the study of extrajudicial control as a way to protect the right to freedom of movement and the right to free choice of residence by citizens of Ukraine. General scientific and special methods and research methods were used in the research, in particular: analysis, synthesis, modeling, structural-functional method and system method. The theoretical basis of the study were the ideas of: the division of the system of administrative law into General and Special parts; the place of extrajudicial means of protection of citizens' rights in the system of General Administrative Law; system of out-of-court control exercised by public authorities and non-state legal entities. As a result of the study, the author drew the most important conclusions, among which are the following: Extrajudicial control is a component of extrajudicial protection of the rights and freedoms of individuals violated by public administration entities as an institution of General Administrative Law. It is applied in all spheres of Special Administrative Law, including migration law, which determines the specifics of ensuring by the public administration the right to freedom of movement and the right to free choice of residence by citizens of Ukraine. It is necessary to strengthen the normative provision of extrajudicial control over the observance of the right to freedom of movement and the right to free choice of place of residence of private persons by, first of all, the executive authorities. Currently, interdepartmental and departmental internal administrative control over the provision of these rights by the public administration is not comprehensively regulated. We see the solution to this problem in the holistic legal regulation of internal administrative control at the level of the future law on administrative procedure. The objective need for thorough reform of the cooperation of executive bodies involved in ensuring these rights of citizens of Ukraine and public councils, which exercise public control over their activities, has been identified. The legal basis for such cooperation should be the future law on public control in Ukraine. It is proposed to establish a Coordinating Council for ensuring the right to freedom of movement and the right to free choice of residence as a non-governmental collective body to coordinate the efforts of relevant public councils.