CONCEPT AND ESSENCE OF PROTECTION OF CIVIL RIGHTS AND INTERESTS BY PUBLIC AUTHORITIES: AN INNOVATIVE APPROACH

Abstract

The article analyzes the concept and essence of the protection of civic right and interests of public authorities in terms of the integrative approach. The separation of the defense and protection. It is emphasized that protection is an integral part of the activity of public authorities. It extends to a large number of spheres of public life, including the sphere of civil relations. It is concluded that the protection of civic rights and interests by public authorities is a form of civillegal protection. In civil law, this type of protection is called the protection of civic rights and interests in administrative order. The author’s concept of protection of civic rights and interests by public authorities is given. This is an unlawful reaction of the jurisdictional authorities to violations of civic right or interest, with the application of active measures of administrative and legal character. The purpose of these measures is to stop the violation, to restore or recognize civil law or interest, to compensate the damage caused by the violation. Protection of civil rights and interests in administrative order has general and special features. General signs define protection as a general civilly phenomenon: the existence of an offense; civil interest is in accordance with the current legislation; protection is carried out on the will of the victim; selection of the injured form of protection; active reaction of the subjects of protection to the violation of civic right or interest. Special features include: Protection of civiс rights and interests by public authorities; application of specific methods of protection of the administrative character. The article determines that the effectiveness of protection of civil rights and freedoms depends on the chosen way of protection and methods of its realization. It has been established that the application of the integrative approach allows to see processes that define the convergence of civil and administrative law. This convergence is based on the common features of the method of legal regulation of both industries. Such integration processes allow for the formation of promising practices and methods of legal regulation, enhancement of the effectiveness of forms of protection of civiс rights and interests.