Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 77
Abril
Junio
2023
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 41, Nº 77 (2023), 676-685
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 23/12/22 Aceptado el 21/03/23
Theoretical and legal approaches
regarding the administrative activities of
the public authority in safeguarding rights
of persons with disabilities
DOI: https://doi.org/10.46398/cuestpol.4177.44
Vitalii Kondratenko *
Kostyantun Fomichov **
Liliia Bobrishova ***
Oleksii Seletskyi ****
Liliia Shestak *****
Abstract
The purpose of the scientic research was to examine the
essence and content of the modern human-centered concept in
the theoretical-applied interpretation of management activities
of state authorities, in connection with the implementation and
protection of fundamental rights and freedoms of persons with systemic
disorders of body function. The following research methods were used in
the scientic work: systematization, generalization; analysis and synthesis
of the developed ideas. Denitely, it is substantiated that signicant reform
changes in the system of state authorities of Ukraine and changes in the
direction of their activities somehow mean the creation of conditions
for the construction of a democratic, social and legal state, as well as the
guarantee of subjective rights, in particular of persons with disabilities.
The conclusions argue the priority of the formation of administrative and
legal doctrine, built on the basis of a humanistic ideology that permeates
the Convention on the Rights of Persons with Disabilities in the daily life of
society as a whole.
Keywords: administrative activity; public administration; guarantee
of rights and freedoms; persons with disabilities; public
authority.
* Volodymyr Vynnychenko Central Ukrainian State University, Kropyvnytskyi, Ukraine. ORCID ID:
https://orcid.org/0000-0001-6015-8326
** Volodymyr Vynnychenko Central Ukrainian State University, Kropyvnytskyi, Ukraine. ORCID ID:
https://orcid.org/0000-0003-2062-6441
*** Dnipropetrovsk State University of Internal Aairs Dnipro, Ukraine. ORCID ID: https://orcid.
org/0000-0003-1022-4027
**** Chernihiv Polytechnic National University, Chernihiv, Ukraine. ORCID ID: https://orcid.org/0000-
0002-8291-9736
***** Chernihiv Polytechnic National University, Chernihiv, Ukraine. ORCID ID: http://orcid.org/0000-
0003-4958-0838
677
CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 676-685
Planteamientos teóricos y jurídicos sobre las
actividades administrativas de la autoridad pública
en la salvaguardia de los derechos de las personas con
discapacidad
Resumen
El propósito de la investigación cientíca fue examinar la esencia
y el contenido del concepto moderno centrado en el ser humano en
la interpretación teórico-aplicada de las actividades de gestión de las
autoridades estatales, en relación con la implementación y protección de
los derechos y libertades fundamentales de las personas con trastornos
sistémicos de función del cuerpo. En el trabajo cientíco se utilizaron los
siguientes métodos de investigación: sistematización, generalización;
análisis y síntesis de las ideas desarrolladas. Denitivamente, se
fundamenta que los cambios de reforma signicativos en el sistema de
autoridades estatales de Ucrania y los cambios en la dirección de sus
actividades, signican de alguino modo la creación de condiciones para la
construcción de un Estado democrático, social y legal, así como la garantía
de los derechos subjetivos, en particular de las personas con discapacidad.
En las conclsuiones se argumenta la prioridad de la formación de doctrina
administrativa y jurídica, construida sobre la base de un ideario humanista
que permea la Convención sobre los Derechos de las Personas con
Discapacidad en la vida cotidiana de la sociedda en su cinjunto.
Palabras clave: actividad administrative; administración pública;
garantía de derechos y libertades; personas con
discapacidad; autoridad pública.
Introduction
The implementation of the basic provisions of the Concept of
administrative and legal reform in Ukraine led to the formation of a new
administrative and legal status of public authorities, forms and methods of
their activity. These objective changes are determined by the principles of the
distribution of power, and therefore by the expansion of the administrative
powers of the public authorities.
Most of the tasks of the researched bodies are carried out in the process
of administrative activity during the implementation of the prescriptions
of administrative legislation, the use of administrative and legal means of
inuence on the organization of the activities of ocials and ocials to
ensure the rights and freedoms, in particular, of persons with disabilities.
678
Vitalii Kondratenko, Kostyantun Fomichov, Liliia Bobrishova, Oleksii Seletskyi y Liliia Shestak
Theoretical and legal approaches regarding the administrative activities of the public authority in
safeguarding rights of persons with disabilities
The variety of tasks and functions of state authorities and local self-
government bodies determines the use of various modernized forms of
their activity, which are specied in laws and other regulatory legal acts that
regulate the competence of subjects of power. At the same time, to this day,
there are constant discussions among scientists about the main direction of
the functionality of these organs in a theoretical and applied sense.
That is why proper clarication of the current legal content of the
administrative activities of public authorities will contribute to the creation
of optimal and proper conditions for the realization and protection of the
rights and freedoms of persons with disabilities in society by the state.
Taking into account the above, it is worth stating that the level of
eectiveness of administrative and legal provision of the subjective rights of
the specied category of people directly depends on the qualitative formation
and application of appropriate legal means at the national and regional
levels. The key role belongs to the construction of administrative legislation
on disability issues and legitimate activities of public administration
subjects, taking into account international human rights standards. They
should be implemented in the context of the spread of human-centric
ideology on the development of the national doctrine of administrative law.
1. Objectives
The purpose of the article is to formulate the concept and denition of
the content of the administrative activities of state authorities and local
self-government bodies in ensuring the rights and freedoms of persons with
disabilities, due to the priority of the formation of a new administrative-
legal doctrine built on the principles of a human-centered ideology, in
accordance with the provisions of the Convention on the Rights of Persons
with Disabilities.
2. Materials and methods
The article is based on a legal analysis of the key provisions of the
Convention on the Rights of Persons with Disabilities, the Concept of
Administrative and Legal Reform in Ukraine, the current legislation of
Ukraine, which dene the competence of national state authorities to
ensure the implementation and protection of rights, fundamental freedoms
and legitimate interests people with persistent disorders of body functions.
Scientic publications, the key idea of which is the need to develop a
new concept of legal means to ensure an appropriate social environment
for persons with disabilities, are reviewed and summarized. It should be
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CUESTIONES POLÍTICAS
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based on the provisions of the human rights model of disability, organically
combined with a human-centered approach in public administration.
The methodological basis of the article is formed by a number of general
scientic and special methods of scientic knowledge. The dialectical
method and the formal-legal method were aimed at revealing the essence
and general features of the implementation of the administrative activity of
public authorities through the application of a set of legal means in the eld
of ensuring the rights and freedoms of persons with disabilities in various
areas of the social sphere. Synergistic and system-functional methods
contributed to a broader disclosure of theoretical and methodological
approaches to understanding the specics and features of the application
of human-centered ideology in the doctrine of administrative law.
The structural-analytical method, the methods of analysis and synthesis,
system analysis were aimed at revealing the generalization of the essence
of the practice of public service use by public authorities of legal means
of ensuring the rights and freedoms of persons with disabilities. In this
case, the priority component of the public service activity of the public
administration, along with the managerial one, where, in addition to the
dispositive principle, the administrative-legal method should have an
equal, and in some directions priority, value.
3. Results and discussion
The modern denition of the concept of administrative activity is mostly
considered by scientists as the general implementation of the competence
of state bodies, regulated by the norms of administrative law, their specic
law-making and law-enforcing activities.
However, for many decades, it has been associated with the functioning
of law enforcement agencies in the form of organizational-management
and executive-authority activities regulated by current legislation, aimed
at ensuring the personal safety of citizens, protection of their rights and
freedoms, legal interests, rights and interests of legal entities, public
order , public safety, ght against crimes. According to this approach,
administrative activity was reduced to the executive activity of the relevant
state bodies aimed at the formal protection of the rights and freedoms of
citizens.
In the aspect of the above, a number of scientists believe that the
administrative direction of activity is identied exclusively with police
activity, which begins to manifest itself when the task of ensuring compliance
with the norms of social behavior goes beyond the control of law-abiding
citizens of society and is redirected to those members who are authorized
680
Vitalii Kondratenko, Kostyantun Fomichov, Liliia Bobrishova, Oleksii Seletskyi y Liliia Shestak
Theoretical and legal approaches regarding the administrative activities of the public authority in
safeguarding rights of persons with disabilities
as a result of the distribution of social duties to perform this function and
act on behalf of the society itself.
Implementation of this type of activity takes place in the case of
preventing the violation of some rules and norms of society, with the
necessity of coercive intervention and the use of force (Melnyk, 2013).
The police orientation of the activities of the subjects of power
presupposes public administration in a narrow sense, i.e., the work of
executive authorities at various levels. This understanding of administrative
activity takes into account only its managerial nature, and therefore does
not fully, and most importantly, does not accurately reect the purpose of
this type of activity. Moreover, the focus of views on the use of such a limited
approach to the implementation of the law enforcement mechanism of the
state remains unclear to the end.
The outlined interpretation is more characteristic of states with a
totalitarian regime, however, the priority of the modern direction of
activity should be the eectiveness of ensuring individual rights. Let’s
consider the current interpretation of the term «administrative activity»,
where the administration (from the Latin administratio - management) is
an institution that performs administrative functions in various spheres of
social life. Activity is a system with numerous and diverse functional and
material components and connections between them.
The internal content of the «activity» category covers the constituent
components of the system, which include the process, etc.In scientic
works, the concept of administrative activity is often equated with public
administration. Thus, it is a type of state-authority activity of executive
authorities and covers a wide range of social relations that are formed both
within the system of state authorities and outside of it.
The existence of such a position can be explained by the fact that
administrative activity is only a separate subtype of state-authority
activity; secondly, the presence of internal and external system activities,
primarily aimed at the settlement of organizational issues within the
relevant structural departments regarding the realization and protection of
the rights of persons with disabilities. At the same time, not all actions of
the executive power bodies are properly managerial, but the main, prole
direction is proper managerial activity, that is, public administration as a
special type of state activity.
In general, the activity of subjects of power is broader than management
and consists in performing many other powerful or public actions - such
as concluding administrative contracts, conducting explanatory work,
implementing state regulation, etc. These areas of activity, which go beyond
administrative ones, signicantly aect the implementation and protection
of the rights and freedoms of persons with disabilities (Kondratenko, 2020).
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The identication of administrative activity with state administration
is refuted by some scientists by dening common and distinctive features
of public administration and state executive power, distinguishing areas of
activity that are carried out outside the scope of the activities of executive
authorities.
Summarizing, we should note that public administration is a broader
category than executive power, since the latter originates from public
administration, and the eectiveness of its activity depends on the level
of organization of public administration. At the same time, as state
management can be realized within the scope of activities not only of
executive power bodies, so executive power can be realized not through
state management.
In addition, in modern administrative and legal doctrine, the tendency
to reduce the use of the term «state administration» and, on the contrary,
the active introduction of the term «public administration» is increasingly
visible. At the same time, there is not an unjustied emphasis on the
implementation of public administration by scientists, but a renewal of
approaches to the activities of subjects of public authority, aimed at the
implementation of public authority and the implementation of current
legislation in the public interest, where publicity is interpreted as common,
accessible to all, serving all , combines state national and self-governing
territorial openness (Fedoruk, 2019).
Public administration is a type of socially useful activity, which is carried
out by a certain set of subjects, in particular by state authorities, among
the subtypes of which are favorable, providing, executive, administrative,
delegated public administration. The priority goal of these types of public
administration is to assist private individuals in realizing their rights,
freedoms, and legitimate interests.
This activity involves the delegation of certain powers to local self-
government bodies, public organizations of persons with disabilities,
the adoption of subordinate legal acts aimed at the implementation and
protection of their rights and freedoms, the payment of social benets,
the provision of benets, the restoration and conversion of transport
infrastructure taking into account special needs, creating access to social
infrastructure, ensuring equal opportunities in the context of the European
formula: human rights and freedoms are equal to equal opportunities to
realize the rights and freedoms of persons with disabilities, taking into
account their special needs (Sobol, 2017).
Therefore, the views of scientists regarding the identication of
«administrative activities of public authorities» with state management
actually coincide with the Soviet approach to administrative law, which
was mainly characterized as administrative law, that is, as a means of the
682
Vitalii Kondratenko, Kostyantun Fomichov, Liliia Bobrishova, Oleksii Seletskyi y Liliia Shestak
Theoretical and legal approaches regarding the administrative activities of the public authority in
safeguarding rights of persons with disabilities
power-organizing inuence of the state on social relations and processes
and «jurisdictional law». which ensured the application of administrative
responsibility and coercive measures in relations with citizens.
However, signicant reformed changes in the system of authorities and
modication of their activities, creation of conditions for the construction
of a democratic, social, legal state, armation and provision of human
and citizen rights determined the priority of the formation of a new
administrative-legal doctrine built on the principles of human-centric
ideology (Concept of Administrative of Legal Reform in Ukraine, 2006).
Moreover, the advantage of the transformation of administrative law should
be given to its non-management orientation, which covers the relationship
between public administration and persons with disabilities.
It is expedient to dene this non-management component of the
subject of administrative law as «public service», which will be a priority
component of the public service activity of the public administration, along
with the managerial one, where, in addition to the dispositive principle, the
administrative-legal method should have equal, and in some areas, priority
value (Sobol et al., 2020).
It is about the fact that the conceptual foundations of the new role of
administrative law, which serve the interests of man, does not deny its
focus on the regulation of management relations. On the contrary, the
managerial orientation is preserved, along with this, the regulation of
relations between the public administration and individuals acquires a new
meaning. Optimization of management and legal regulation are ultimately
aimed at securing human interests.
Currently, the main characteristics in the understanding of
administrative law should not be administrative, but such new functions
as law enforcement, which is related to the provision of human rights and
freedoms, and human rights protection, which is related to the protection
of violated rights. They most fully reproduce the public purpose of
administrative law in the context of the administrative activity of the public
administration regarding the implementation and protection of the rights
and freedoms of persons with disabilities.
Therefore, taking into account the practical orientation of these
functions of administrative law, it is expedient to determine not only the
consolidation of their subjective rights and freedoms, but also the provision
of their implementation and the creation of appropriate protection in cases
of violation, as a priority area of activity of the public administration. Only
through these aspects does the constitutional denition become clearer:
«the establishment and provision of human rights and freedoms, their
legitimate interests, is the main duty of the state».
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It is worth noting that today the consolidation of the rights and freedoms
of persons with disabilities in normative legal acts, their list and content, the
proper implementation of rights and freedoms in relation to equality and
non-discrimination, accessibility, the right to life, equality before the law,
access to justice, freedom from torture and cruel, inhuman or degrading
treatment and punishment, freedom from exploitation, violence and abuse,
freedom of movement, adaptation and rehabilitation, etc. does not mean
that such a person can actually exercise these rights and freedoms, i.e., that
they can actually be implemented by public authorities.
In the conditions of reforming domestic administrative law and
changing approaches to public administration, more and more attention of
scientists is directed to the practice of wide application in these processes
of the principles of people-centrism, which has been used for a long time in
the functioning of European public institutions. It is planned that the new
administrative-legal doctrine will be aimed at changing the understanding
of the social value of the specied eld of law.
Currently, in the generally accepted sense, the main thing for public
management is to achieve the most rational way of planned results of
power and organizational inuence on managed objects. At the same
time, ensuring the subjective rights of citizens is not one of the priority
tasks. Therefore, administrative law should acquire the status of the main
regulator of harmonious relations between public administration and
citizens. Comprehensive provision of the priority of human rights and
interests, guarantees of their eective implementation and protection will
come rst.
Therefore, in this case, the key is the partnership interaction of civil
society institutions and subjects of power, which are obliged to promote and
create the necessary conditions at the normative and law-enforcing levels
for the realization of the rights and freedoms of a person and a citizen, to
implement democratic procedures of public service activity.
It is natural that the most active strata of the population, within their
legal status, seek to inuence the processes of state formation, the fair
redistribution of budget funds for social needs, and the proper performance
of ocial duties by subjects of power at the national, regional, and local
levels. Persons with disabilities are full-edged members of society, who
also wish to properly exercise and protect their rights and freedoms, directly
be the main participants in the management of state aairs (Convention on
the Rights of Persons with Disabilities, 2006).
In general, we share our views on the functioning of public power,
taking into account a people-centered position, close and equal interaction
with the population, since the need to completely depart from the Soviet
administrative-legal heritage and reform domestic administrative law has
684
Vitalii Kondratenko, Kostyantun Fomichov, Liliia Bobrishova, Oleksii Seletskyi y Liliia Shestak
Theoretical and legal approaches regarding the administrative activities of the public authority in
safeguarding rights of persons with disabilities
come. In fact, there are no remaining valid outdated legislative acts in this
area, instead, the state approach regarding the secondary nature of citizens
as subjects of law still resides in the sphere of activity of subjects of public
administration.
Instead, the democratic development of public administration also
requires respect for the rights and freedoms of a person and a citizen, not
of a formalized nature, but with real consideration of international human
rights standards and ocial recommendations regarding the appropriate
functioning of public structures (Kondratenko et al., 2022).
Conclusions
Taking into account the above, it is worth concluding that the
administrative activity of public authorities in ensuring the rights and
freedoms of persons with disabilities must be understood as the power-
organizing and power-management activity of state authorities and
local self-government bodies regulated by the norms of administrative
legislation, which is based on a people-centered, humanistically oriented
ideology and is aimed at arming, ensuring and realizing the rights and
freedoms of people with systemic physical, mental or sensory disorders of
body functions. Administrative activity in terms of ensuring the rights and
freedoms of persons with disabilities is carried out through specic actions
of ocials and ocials of public authorities.
Taking appropriate actions and making management decisions is
carried out within their competence and corresponds to the forms and
methods of administrative activity of public authorities, as well as in
the system of organizational measures carried out by public authorities
to create conditions for the realization and protection of the rights and
freedoms of the specied category of persons at their individual request or
by the initiative of a competent subject of authority in terms of providing
administrative services.
Administrative and legal support for the realization and protection of the
rights and freedoms of persons with disabilities is based on two interrelated
theoretical and legal ideas. First of all, we are talking about the relevant
law-making and law-enforcement activities of executive authorities and
executive bodies of local self-government, which express the national
specicity of the development of the legal system, as well as historically
formed socio-economic and humanitarian traditions in key areas of public
life.
This allows to implement the mechanism of legal protection of a person
at the national and regional levels, which has absorbed only those specic
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CUESTIONES POLÍTICAS
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measures, means, ways and methods of power inuence that are inherent
in a specic country. As a result, the risk of creating an ineective legal
instrument, which will be dicult to use in practice, is reduced.
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www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en abril de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 77
