DELIMITATION OF THE “CITIZENS”, “PUBLIC”, “CIVIL SOCIETY” AND “INSTITUTIONS OF CIVIL SOCIETY” LEGAL CATEGORIES IN THE CONTEXT OF THE DEFINITION OF SUBJECTS OF ADMINISTRATIVE AND LEGAL RELATIONS

Abstract

The article deals with the delimitation of the “citizens”, “public”, “civil society” and “civil society institutions” legal categories in the context of defining the subjects of administrative and legal relations (in particular, on the issues of administrative and legal support for the realization of the right of citizens to use natural objects of property rights of the people of Ukraine). The current state of application of these concepts in the normative legal acts of Ukraine is considered. The definitions of the “citizens”, “public”, “civil society” and “civil society institutions” terms are given, fixed at the normative level, placed in dictionaries, encyclopaedias and glossaries, as well as proposed in scientific sources. The context of the application of these concepts in the provisions of normative legal acts is analysed. It is emphasized that it is necessary to establish at the regulatory level a legal link between the right to participate in the management of state affairs, owned by citizens as individuals, and its implementation by subjects of law who, by their legal nature and organizational and legal form, do not belong to them. To solve this problem, recommendations are formulated for issuing explanations from the Constitutional Court of Ukraine regarding the interpretation and application of the provisions of Art. 38 of the Constitution of Ukraine and the additions of normative legal provisions, that establish the fundamentals of citizens' participation in the management of state affairs, provisions that, for example, will contain norms regarding the relationship of legal entities, public associations and other entities to participate in the management of state affairs. The article's analysis of the differences between the various categories leads to the following conclusions: (1) the public is the broadest concept and encompasses all of the aforementioned non-state legal entities; and (2) civil society is a politically and socially active part of the public that implements the right, as enshrined in Art. 38 of the Constitution of Ukraine, to participate in various areas of public policy in the forms and ways provided by law. To its institutions, the current legislation includes a specific list of collective, non-state and non-entrepreneurial entities; (3) citizens are a single and fundamental link and element of the public and civil society, which are individuals – bearers of rights and interests, in the interests of which the institutions of civil society function, but at the same time they can independently exercise the right to participate in the management of state affairs primarily in their interests or the interests of the majority in situations when it is required by law. The opinion is developed that in cases of realization of this right, citizens act as a component of civil society.