Human and citizen rights and freedoms in the administrative-law framework of Ukraine
DOI:
https://doi.org/10.61345/1339-7915.2026.1.1Keywords:
human rights, citizen freedoms, administrative law, public administration, administrative procedure, discretion, proportionality, administrative liability, public authority, national securityAbstract
The article provides a comprehensive doctrinal analysis of human and citizen rights and freedoms within the administrative-law framework of Ukraine, which is shaped by constitutional provisions, contemporary trends in the development of public administration, and challenges associated with martial law and transformations in the national security sector. It is established that administrative law is not merely a branch designed to organize the functioning of the executive power, but also one of the key instruments for ensuring, safeguarding, and restoring an individual’s legal status under the operation of public-authority mechanisms. The philosophical, methodological, and normative dimensions of protecting individual rights in the sphere of public administration are examined, including the categories of administrative procedure, discretion, legal risk, preventive activity, and state coercion.
Special attention is devoted to shaping a balance between the human-centered nature of the constitutional order and the socio-centered needs of public authority under threats to national security. It is demonstrated that the mechanisms of administrative law ensure the integrity of this balance through procedures of legal certainty, proportionality, reasoned decision-making, accountability, and accessibility of legal protection. The role of institutions of administrative liability and judicial review as elements of guaranteeing human rights in interactions with executive authorities is analyzed.
It is generalized that modern administrative law of Ukraine forms a space in which public authority is obliged to act on the basis of law and in the interests of the individual. Under wartime conditions, this space acquires additional substance, becoming a sphere for protecting life, freedom, security, dignity, and the social resilience of citizens. The article develops an authorial concept of the administrative-law provision of rights and freedoms, combining doctrine, legislative provisions, and the practical needs of state-building.
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Copyright (c) 2026 Dmytro Bezzubov, Olga Andriyko, Oleksandr Skrypniuk, Volodymyr Nagrebelny
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