Vyacheslav Tylchyk

  Viktor Leschynsky


The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

How to Cite

Tylchyk, V., & Leschynsky, V. (2021). PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS. Baltic Journal of Economic Studies, 7(2), 219-223.
Article views: 154 | PDF Downloads: 127



public and legal relations, guarantees of legality, dispute in the field of public and legal relations, administrative proceedings and administrative process, subject of own powers, judicial protection


Administratyvno-protsedurnyi kodeks Ukrainy: Proekt. [Administrative and Procedure Code of Ukraine: Draft on Law]. Available at: (accessed 1 March 2021).

Averianov, V. B. (2011). Poniatiino-terminolohichni novely Kodeksu administratyvnoho sudochynstva Ukrainy: dyskusiini problemy [Conceptual and terminological novelties of the Code of Administrative Procedure of Ukraine: debatable problems]. Law of Ukraine, no. 4, pp. 12–39. (in Ukrainian)

Averianov, V. B. (2010). Providna poniatiina novela Kodeksu administratyvnoho sudochynstva Ukrainy: doktrynalnyi analiz. [Leading conceptual novella of the Code of Administrative Procedure of Ukraine: doctrinal analysis]. Bulletin of the Supreme Administrative Court of Ukraine, no. 2, pp. 3–15. (in Ukrainian)

Bernaziuk, Ya. O. (2019). Pro pozovy, yaki ne pidliahaiut sudovomu rozhliadu. [About claims that are not subject to litigation]. Judicial-legal newspaper. Available at: (accessed 1 March 2021) (in Ukrainian)

Brintsev, O. V. (2013). Do pytannya pro kryterii rozmezhuvannia yurysdyktsii. Visnyk hospodarskoho sudochynstva. [On the issue of the criteria for delimitation of jurisdictions]. Bulletin of commercial litigation, no. 6, pp. 63–66. (in Ukrainian)

Kodeks administratyvnoho sudochynstva Ukrainy (2005) [Code of Administrative Judicial Proceedings of Ukraine]. The Verkhovna Rada of Ukraine, number 35–36, number 37, p. 446. Available at: (accessed 1 March 2021) (in Ukrainian)

Kolomoiets, T. O. (2009). Rozmezhuvannia yurysdyktsiinykh povnovazhen mizh administratyvnymy ta hospodarskymy sudamy: okremi problemy pytannia sohodennia [Separation of jurisdictional powers between administrative and commercial courts: some problems of the present issue]. Bulletin of Zaporizhia National University, no. 1, pp. 69–78. (in Ukrainian)

Kravchuk, V. M. (2013). Metody vyrishennia yurysdyktsiinykh problem. [Methods of solving jurisdictional problems]. Available at: (accessed 1 March 2021) (in Ukrainian)

Kucheriavenko, M. P., Shevtsova, N. L. (2012). Kryterii rozmezhuvannia yurysdyktsii. [Criteria for delimitation of jurisdiction]. Law and Business, no. 32 (1071). Available at: (accessed 1 March 2021) (in Ukrainian)

Monaienko, A. O. (2019). Na styku yurysdyktsii [At the junction of jurisdictions]. Legal newspaper, no. 24. Available at: (accessed 1 March 2021) (in Ukrainian)

Podatkovyi kodeks Ukrainy (2010). [Tax Code of Ukraine]. Verkhovna Rada of Ukraine. Available at: (accessed 1 March 2021) (in Ukrainian)

Postanova Velykoi Palaty Verkhovnoho Sudu v spravi № 9901/798/18. (2019). [Resolution of the Grand Chamber of the Supreme Court in case № 9901/798/18 of 27 February 2019]. Available at: (accessed 1 March 2021) (in Ukrainian)

Postanova Verkhovnoho Sudu Ukrainy vid 15.11.2016 roku u spravi №800/301/16. [Resolution of the Supreme Court of Ukraine of November 15, 2016 in case №800/301/16]. Available at: (accessed 1 March 2021) (in Ukrainian)

Postanova vid 12.12.2018 № 802/2472/17-a Verkhovnyi Sud. Velyka Palata. [Resolution of 12.12.2018 № 802/2472/17-a Supreme Court. The Grand Chamber]. Available at: (accessed 1 March 2021) (in Ukrainian)

Pro zastosuvannia Konstytutsii Ukrainy pry zdiisnenni pravosuddia : Postanova plenumu Verkhovnoho Sudu Ukrayiny № 9 (1996) [On the application of the Constitution of Ukraine of justice: The decision of the Supreme Court of Ukraine number 9]. Available at: (accessed 1 March 2021) (in Ukrainian)