RESPONSIBLE HUMAN-CENTEREDNESS AS A DOCTRINAL MODEL FOR BALANCING FREEDOM AND DUTY

Abstract

This article provides a doctrinal justification for the concept of responsible human-centeredness as an evolutionary stage in the development of the human-centered paradigm of administrative law. The genesis of human-centeredness is analyzed in the context of the transformation of the state-centered model of public administration, and methodological shortcomings in the classical understanding of human-centeredness which focuses primarily on the priority of individual rights and freedoms are identified. It is established that the constitutional model of an individual’s legal status is twofold: alongside the system of rights, a system of public-law obligations is enshrined, which serves as a normative prerequisite for the realization of freedom. The provisions of the Constitution of Ukraine and the Law of Ukraine “On Administrative Procedure” have been analyzed with regard to the enshrinement of the principles of good faith, proportionality, and the inadmissibility of abuse of rights. It has been demonstrated that these norms form the normative foundation for the integration of freedom and responsibility in public-law relations.
For the first time, the definition of “responsible human-centeredness” is formulated as a doctrinal model of the balance between freedom and duty, within which an individual’s rights and freedoms function in systemic unity with their duties and responsibility for the realization of the public interest. A structural model of responsible human-centeredness is presented, and the mechanisms of its functioning in modern public administration are outlined. The proposed model addresses the asymmetry between freedom and duty by integrating them into a unified framework of an individual’s administrative and legal status and ensuring a balance between private and public interests in the field of public administration.