The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.
The objective of the study is to analyze the rule of law in the context of the implementation of reforms of the judiciary, the judiciary, and related legal institutions as a direction to ensure the accessibility of administrative justice in Ukraine, revealing its relationship and interdependence. The study found that the availability of administrative procedures is provided by the requirements of all these generic subsystems of the principles that determine modern standards of activity in European countries. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions. During the research, scientific cognition methods were used: terminological, logical-semantic, functional, system-structural, logical-normative, comparative. They highlight in the conclusions that the study found that the amendments to the Constitution of Ukraine in the context of judicial reform made it possible to revise the classical principles of the judiciary, but there are still important unresolved aspects to ensure full compliance with the rule of law, its specification in the constitutional provisions and legislative acts of Ukraine of substantive and procedural content, among other aspects.
The irreversibility of the European course of Ukraine, enshrined in the fifth paragraph of the preamble of the Constitution of Ukraine, determines the direction and methods of implementation in all spheres of society and the state, everyone’s awareness of the leading role of guarantees of rights, freedoms, legitimate interests of each person, acquisition of power ex officio. The current legislation, endowing a person with power, not only provides the scope of rights, respectively, the functions performed, but also imposes additional responsibilities, the proper implementation of which is one of the guarantees of the legitimacy of state power. This fully applies to the implementation of permitting activities in the field of urban planning, which aims to create conditions for the formation and maintenance of a full living environment, including ensuring the preservation of cultural heritage and infrastructure necessary for the existence of the living environment. Methodology. The use of cognitive general scientific and special methods allowed to achieve the goal of this publication. Thus, the study of the historical development of administrative and legal regulation of urban planning allowed to determine the close relationship between the areas, in which such construction was carried out, and the development of legal norms for it (both administrative and legal, and technical). Comparative legal method, analysis, synthesis allowed to identify prospects for administrative and legal regulation of urban planning. The practical importance. Improving the administrative and legal regulation of urban planning activities takes into account not only specific law enforcement problems, but also general social (including economic, social, etc.) processes; systematization of construction legislation and its proper application. A feature of the current stage of development of administrative and legal regulation in this area is the focus on the best foreign experience, which gives initial importance to human rights and freedoms as factors of legal regulation in this area.
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