WAYS TO PROTECT THE RIGHTS OF SUBJECTS TO STATE SUPERVISION (CONTROL) IN THE FIELD OF INDUSTRIAL AND FIRE SAFETY
Author (s): Krupko Ya., Sokorynskyi Iu.
Work place:
Krupko Ya.,
PhD in Law, Associate Professor,
Head of Postgraduate (adjunct) studies,
Penitentiary Academy of Ukraine
Chernihiv, Ukraine
ORCID: 0000-0002-1578-2303
Sokorynskyi Iu.,
Doctor of Sciences (Law), Associate Professor,
Kyiv, Ukraine
ORCID: 0000-0002-8907-9880
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2024 No 3 (23): 35-46
https://doi.org/10.32755/sjlaw.2024.03.035
The purpose of the article is to identify the ways which may be used regarding the subjects to state supervision (control) in the field of industrial and fire safety to protect their rights.
One of the most important directions of the State Emergency Service of Ukraine is the implementation of state supervision (control) in the field of industrial and fire safety. Today, consistent work is underway to improve the performance of this function, as evidenced by the continuous transformations taking place in the legal environment. The activities of officials of the state supervision (control) agencies in the field of industrial and fire safety are aimed at realizing the interests of the state and society and are characterized by the public nature of implementation. The control and supervision activities are surely accompanied by decision-making, actions (inaction) that lead to serious consequences, and have a decisive impact on the exercise of the rights and legitimate interests of persons subject to state supervision (control) in the field of industrial and fire safety, therefore, the latter ones should rely on the possibility of protecting their rights and legitimate interests if they are violated or threatened.
The article analyzes the methods which can be used by the subject to state supervision (control) in the field of industrial and fire safety to protect their rights. It is stated that control and supervision activities are accompanied by decision-making and actions (inaction) which affect the rights and legitimate interests of the controlled subjects, and therefore the latter ones should count on the possibility of their protection if such rights are violated or threatened. The author concludes that the institutes of judicial and extrajudicial protection of the rights of subject to state supervision (control) in the field of industrial and fire safety do not always work, which, however, does not negate the positive aspects of their use.
Key words: state supervision (control); state supervision (control) in the field of industrial and fire safety; measures of state supervision (control); protection of rights of controlled subjects; out-of-court and court ways of protection.
References
- Horbik, D. S. (2020), The concept, essence and content of administrative error in the activities of public authorities, The Journal of V. N. Karazin Kharkiv National University. Series Law, Issue 30, PP. 78-84.
- Minevych, О. І. (2021), The concept and types of legal errors: general theoretical study: Doctor of Sciences Thesis, National University “Odesa Law Academy”, Odesa.
- Petrunia, V. V. (2019), Concept and system of ways to protect the rights of business entities: PhD in Law Thesis, Odesa.
- Hruhorchuk, M. V. (2017), Protection of rights and legally protected interests of business entities: substantive and procedural aspects, Theory and practice of jurisprudence, Issue 1 (11), available at: http://tlaw.nlu.edu.ua/article/viewFile/95300/99327
- Fedorenko, T. V. (2016), Forms and methods of protection of rights and legitimate interests of business entities, Comparative and analytical law, No. 5, PP. 140-143.
- Ausheva, О.V. (2007), Protecting the rights of business entities from violations by public authorities: PhD in Law Thesis, National Academy of Sciences of Ukraine, Institute of economic and legal research, Donetsk.
- Ukraine (1996), Constitution of Ukraine: Law of Ukraine dated 28 June 1996, No. 254к/96-ВР, available at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96- %D0%B2%D1%80/print
- Hrytsaenko, О. L. (2020), On the Effectiveness of Protection of Individual Rights in Administrative Proceedings, Scientific notes of the Tavrichesky National University named after V.I. Vernadskyi. Series “Legal Sciences”, Vol. 31 (70), Part 2, No. 2, PP. 53-58. https://doi.org/10.32838/2707-0581/2020.2-2/10
- Zeldina, O. R. and Khrimli, О. H. (2015), Judicial Protection of Business Entities’ Rights: Theoretical and Practical Aspects: monograph, National Academy of Sciences of Ukraine, Institute of Economic and Legal Research, Jurinkom Inter, Kyiv, available at: https://unba.org.ua/assets/uploads/files/Zeldina_Hrimli_Mono.pdf
- Ukraine (2007), On the basic principles of state supervision (control) in the field of economic activity: Law of Ukraine dated 05 April 2007 No. 877-V, available at: https://zakon.rada.gov.ua/laws/show/877-16#Text
- Ukraine (2021), Resolution of the Grand Chamber of the Supreme Court dated 08 September 2021 (case No. 816/228/17, proceeding No. 11-109апп21), Unified State Register of Court Decisions, available at: https://reyestr.court.gov.ua/Review/100022843
- Halunko, V.V. (2011), Administrative law of Ukraine: manual: in 2 Volumes / in Halunko V.V. (Ed.), PJSC “Kherson City Printing House”, Kherson, Vol. 1: General administrative law.
- Melnychenko, B. (2022), Administrative and legal means of protection of rights, freedoms and interests of individuals in the field of public administration, Bulletin of Lviv Polytechnic National University. Series: “Legal Sciences”, No. 2 (34), PP. 64-69. https://doi.org/10.23939/law2022.34.064