Administrative Legal Guarantees and Standards Arising from the Right to Respect for Private Life and to a Fair Trial in the Field of Public Service and Combating Drug Offenses
Author(s): Yuliia Shestakova*, Volodymyr Dryshliuk, Alla Zhuravel, Viktor Konopelskyi, Viktor Yarosh
Abstract
Aim: The purpose of the article is administrative-legal guarantees and standards arising from the right to respect for private life and to a fair trial in the field of public service and combating drug offenses.
Methods: Using the method of analysis and systematic study of legal norms, as well as generalization and synthesis, the requirements for the compliance of civil service legislation as one of the elements of combating drug offenses, as well as the observance of the rights and fundamental freedoms of civil servants, as interpreted in the practice of the European court of human rights, have been identified.
Results: The rights and fundamental freedoms of civil servants in combating drug offenses, established in the 1950 European convention on human rights, will be examined in order to establish their relevance and applicability in the context of civil service issues, in particular those regulated by the norms and principles of administrative law.
Conclusion: The article provides excerpts from the precedent decisions of the European court of human rights, indicating the scope and justification of interference with the right to respect for private life in public-service relations in relation to countering drug offenses, as well as the features of determining the scope of subject-matter jurisdiction of national courts and control over legal remedies in employment-related cases involving civil servants, in accordance with the practice of the European court of human rights concerning the right to a fair trial.