Anticorruption Constraints as a Manifestation of the "Coherent Force" of Human Rights in the Activities of Public Administration Actors

Tetiana Kolomoets (), Valerii Kolpakov () and Igor Kovbas ()
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Tetiana Kolomoets: Doctor of Juridical Sciences, Professor, Honoured Lawyer of Ukraine, Corresponding Member of the National Academy of Legal Sciences of Ukraine, Dean of Law Faculty of Zaporizhzhya National University, Ukraine
Valerii Kolpakov: Doctor of Juridical Sciences, Professor, Head of the Department of Administrative and Business Law of Zaporizhzhya National University, Ukraine
Igor Kovbas: Doctor of Juridical Sciences, Associate Professor of the Department of Public Law Chernivtsi National University named after Y. Fedkovich

European Journal of Law and Public Administration, 2020, vol. 7, issue 2, 80-91

Abstract: The search for an optimal model for relationships between individuals and entities of public administration should go hand in hand with the statutorization of the guarantees of individual rights, freedoms and legal interests, including the principle of protection of legitimate expectations of individuals in their relations with public administration entities. The research provides grounds for believing that anti-corruption restrictions for entities of public administration are the components of the above-mentioned principle since they act as a manifestation of the binding force for the latter, emphasizing anthropocentric nature of their activity. It is the standardization of models for resource utilization in regard to the activities of public administration entities with the use of anti-corruption restrictions that makes the trust of an individual to public entities possible. It also makes the actions and decisions of the latter predictable, let alone enables unification of interpretation and application of national and international legislation. Using the resource of anti-corruption restrictions, which is aimed to make it impossible for public administration entities to get distracted from their main task of protecting and realizing individuals’ legitimate expectations, a sound doctrinal analysis of the phenomena is advisable for establishing the new and consistent with the latest advances in the legal science basis for rule-making and legal enforcement in the sphere of relations between individuals and entities of public administration. Owing to the statutorization of the use of relevant anti-corruption restrictions as well as compliance with technicalities and proper response to modern challenges, the conclusion is made about a great potential for quality assurance of the anti-corruption law with its availability, intelligibility for all legal entities in the sphere of public administration, unification of its use and interpretation and hence the predictability of the decisions and actions of public administration entities, guarantee of realization and protection of the legitimate expectations of individuals in their relations with the latter.

Keywords: activities of public; anticorruption constraints; coherent force; corruption; freedoms and legal interests; human rights; legal energy; protection of the legitimate expectations; public administration; subject of public (search for similar items in EconPapers)
JEL-codes: K10 K15 K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:7:y:2020:i:2:p:80-91

DOI: 10.18662/eljpa/7.2/129

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