Принцип гуманізму в адміністративному праві України

English

The principle of humanism in administrative law of Ukraine

Abstract. Introduction. The principles of administrative law characterize the essence and content of a branch of law and the social relations which are the subject matter of its regulation. At the same time, the principle of humanism has not been comprehensively studied in the modern science of administrative law and public administration. Ukrainian science should now offer society something new that will become a model for its revival and further civilizational development. One of these areas should be the building of relations between state bodies, their officials and people based on the principle of humanism. Therefore, there is a need to conduct a study of the legal nature of this principle and aspects of its application. Purpose. The purpose of the study is to define the concept and place of the principle of humanism in administrative law and the aspects of its manifestation and application in this branch of law. Materials and methods. The research materials are: 1) regulatory and legal consolidation of the principle of humanism in administrative law and its enforcement in administrative proceedings; 2) works of domestic and foreign authors who conduct their scientific and practical research on the issues of implementation of the principles of administrative law in practice, including the principle of humanism. In order to conduct a comprehensive analysis and achieve the goal set out in this work, the author used a number of methods of scientific knowledge, among which it is worth noting the general legal methods (systemic, analytical, historical, comparison, generalization) and special legal methods, including the comparative legal method, formal legal method, dogmatic method, and interpretation method. Results. The article reveals important aspects of the manifestation of the principle of humanism in the administrative law of Ukraine. It is emphasized that principles in law, including the principle of humanism, are important for building a democratic state governed by the rule of law, where public administration effectively assists citizens in exercising their rights and freedoms. The author points out that in the system of values of our society, as an indicator of its development and certain social values, a person, his or her life and health, honor and dignity, inviolability and security are recognized as the highest social value. The article offers various scientific approaches to the concepts of “principle”, “principle of law” and “principle of humanism” in law. The author emphasizes that in the legal theory there are a significant number of approaches to the concept of legal principles and the concept of the principle of humanism in law. In particular, some researchers do not consider humanism to be a legal principle at all. The author also notes that in the Ukrainian science of administrative law, the principle of humanism is indicated in the classification group of general principles of administrative law along with the principles of legality, priority of human and civil rights and freedoms, the principle of equality of citizens before the law, the principle of democracy, etc. It is summarized that the principle of humanism in administrative law is not only the humane behavior of a person conducting proceedings on administrative offenses at all stages thereof, but also the principle of humanism in administrative law should be manifested in the fact that administrative penalties should not be intended to degrade human dignity or cause certain suffering to the person to whom such penalties apply. It is also pointed out that due to the peculiarities of legal regulation of social relations by administrative law, compliance with the principle of humanism is an important element for building a rule-of-law democratic state where the rights and freedoms of citizens are respected by the public administration and civil servants, and citizens can exercise their rights and freedoms as effectively as possible without facing violations of the right to dignity, etc. Discussion. In further research, it is proposed to focus on developing methodological approaches to understanding the nature of the principle of humanism in administrative law, its legislative consolidation and law enforcement in administrative proceedings, etc. This will help to improve the relations between the State and the individual and bring them to a new humane level.

Keywords: administrative law; legal principles; respect for dignity; rule of law; public administration; civil servants